General Terms and Conditions of Service

1 - SERVICES AND CONCLUSION OF CONTRACTS

The following terms and conditions apply to the contractual relationships between: the company Shine Software di Turillo Michelangelo, a company incorporated under Italian law, with its registered office at Piazza Giambattista Vico, 2, 34131 Trieste and operating office at Via Caldera, 21, 20123 Milano (MI), represented by Mr Turillo Michelangelo, hereinafter referred to as Shine Software, and any natural or legal person, consumer or professional, governed by private or public law, who wishes to receive one or more services provided by Shine Software and hereinafter referred to as "the Customer".

2 - TERM AND RIGHT OF WITHDRAWAL

These GTCS are of indefinite duration, unlike the contracts relating to the individual Services, which shall have the term indicated in the relevant SO.

As a general rule, early cancellation of the contract by the Customer is excluded, save for the case of withdrawal expressly provided for in paragraph 2 below. In the event of unlawful cancellation, withdrawal or termination by the Customer, Shine Software is hereby authorised to retain the sums paid by the Customer by way of penalty, without prejudice in any event to compensation for any greater damage.

The Customer who qualifies as a "consumer" and is identified, pursuant to Article 3 of Legislative Decree no. 206/2005 (the so-called "Consumer Code"), as the natural person acting for purposes unrelated to his/her business or professional activity, shall have the right to withdraw from this Contract in accordance with the procedures set out in Article 22 below. The Customer acknowledges and accepts that the aforementioned right of withdrawal is granted, in accordance with Legislative Decree no. 206/2005 and Law no. 40/2007, only to Customers who qualify as consumers.

Withdrawal must be exercised by written notice sent by registered letter with acknowledgement of receipt to Shine Software di Turillo Michelangelo, Piazza Giambattista Vico, 2 - 34131 Trieste. Notice may also be sent by fax or certified electronic mail to shinesoftware@pec.it, provided that it is confirmed within 48 hours by registered letter with acknowledgement of receipt. Following withdrawal by the Customer exercised in accordance with the above and within 30 days of the date of withdrawal, Shine Software shall re-credit to the Customer any amounts paid by the latter. The full text of Legislative Decree no. 206/2005 may be consulted at http://www.parlamento.it/parlam/leggi/deleghe/99185dl.htm

By way of example and without limitation, the Customer acknowledges that the commencement of the procedure for registering a domain name, as well as the activation of email mailboxes, are equivalent to "provision of the service" within the meaning of Article 5 of Legislative Decree no. 206/2005 itself.

The Customer is always free to withdraw from an SO in accordance with the above. Furthermore, the Customer, in accordance with the laws in force, shall be free to withdraw at any time from the individual SOs with 30 days' notice to be given by registered letter with acknowledgement of receipt sent to Shine Software di Turillo Michelangelo, Piazza Giambattista Vico, 2 - 34131 Trieste. The Customer agrees and acknowledges that withdrawal from these GTCS shall have no effect where a contractual relationship relating to an SO is pending between the Customer and Shine Software. Therefore, where the Customer intends to withdraw from these GTCS, he/she must first or simultaneously withdraw, where possible, from any SOs in force at the time of the notice of withdrawal.

The right of withdrawal may not be exercised in respect of contracts relating to sealed audiovisual products or computer software opened by the consumer, or in respect of software products purchased by download or online activation procedure (pursuant to Article 5, paragraph 2 of Legislative Decree no. 185/99).

3 - REQUEST FOR SERVICES ON BEHALF OF THIRD PARTIES

In the event of a request on behalf of third parties (end customers) by the Customer (or, for the purposes of this article, Reseller) who offers, including free of charge, Shine Software services, the Customer shall comply with the following conditions:

  • a) the Reseller undertakes to have the end customers approve and comply with the obligations set out in these GTCS as well as those provided for in the SO relating to the requested service, as well as ICANN's policy relating to the TLDs under the responsibility of ICANN itself (http://www.icann.org/registrars/ra-agreement-17may01.htm). For the request to register a domain name, the Reseller undertakes to make known and ensure compliance with the technical Registration rules and procedures. Furthermore, the Reseller undertakes to make the end customer aware of and ensure compliance with the obligations set out in Article 7 of this contract. The Reseller shall in any event remain solely liable towards Shine Software for the consequences set out in Article 7, with the burden on the Reseller to seek recourse, where applicable, against the end customer.
  • b) the Reseller undertakes and warrants as of now that the end customers shall enter into a suitable contract in relation to each Order. The Customer represents and warrants as of now that the Orders shall not infringe the rights of third parties. In particular, in the case of a request to register a domain name, that the requests shall relate to Domain Names in respect of which the registering end customer has expressly declared that it holds all rights.
  • c) the Reseller undertakes to keep both its own data and that of the end customers up to date, promptly notifying Shine Software of any update.
  • d) the Reseller undertakes to ensure compliance with Privacy laws, to provide notice thereof to the assignee of the domain name, including with regard to the data to be communicated to the Authority.
  • e) the Reseller undertakes to send its customer every service communication that Shine Software deems appropriate to communicate. The Reseller shall be directly liable towards the end customer, and towards Shine Software, in the event of failure to send the information referred to in this point. Only in the cases provided for by the Registration Authority and expressly requested by it may Shine Software contact the end customers directly to send information; it is specified that such information shall not be of a commercial nature. The Reseller warrants that purchases made on behalf of third-party end customers, or in any event all activities carried out by the Reseller on behalf of the end customers, shall be made solely and exclusively following the conferral of the mandate by the end customer for the purchase of the service. The Reseller shall be solely liable, and undertakes in this regard to hold Shine Software harmless, for any consequence arising from the unauthorised purchase by the third party of Shine Software services and/or products.

The Reseller assumes all liability in relation to the Orders submitted to Shine Software and undertakes to hold Shine Software, and Shine Software's auxiliaries, harmless and indemnified from any third-party claim relating to and in any event connected with the performance of the Contract and/or the breach by the Reseller or the Registrant of the obligations, representations and warranties set out in this contract.

4 - TRIAL SERVICES

Shine Software may offer its services on a trial basis to the Customer for the duration and in accordance with the procedures provided for on the Shine Software website and/or in the control panel. Depending on the services offered and at its discretion, Shine Software may, upon purchase of the trial services, ask the Customer for credit card details as the means of payment for the services upon expiry of the trial, or may not.

Upon expiry of the trial, therefore, the service shall be deemed definitively purchased by the Customer for a period of one year in those cases where the Customer, at Shine Software's request, provided his/her credit card details upon trial purchase and did not notify Shine Software, at least 30 days before the expiry of the trial, of his/her intention not to purchase the service definitively. In such case, Shine Software shall proceed to charge the amount provided for the purchase of the service to the Customer's credit card.

In those cases where, on the other hand, Shine Software did not request the Customer's credit card details upon trial purchase, the trial service shall be deemed without further notice to have expired at the end of the trial, and the Customer may definitively purchase the one-year service by again expressing his/her intention to that effect. It is understood that, in the event of trial purchase of the services, the Customer must always and in any event comply with the conditions provided for by the SOs for the individual services.

5 REGISTRATION PROCEDURE - USER ID AND PASSWORD

In completing the procedures for registering for the Services, the Customer undertakes to follow the instructions set out on the Shine Software website and to provide his/her personal data correctly and truthfully. Without prejudice to the fact that the procedure for registering for the Services is concluded exclusively by electronic means, the Customer, in the cases provided for on the Shine Software website, may choose to provide his/her data by telephone (Skype) to a Shine Software operator, instead of by electronic means (Email).

In the latter case, the Customer undertakes to follow the operator's instructions as well as the procedure set out on the Shine Software website. The Customer, after communicating the data by telephone to the operator, shall then have access to a web page hosted on a secure server where he/she will find the data communicated and entered by the operator, which the Customer shall be responsible for verifying before confirming the registration.

Confirmation must be communicated to Shine Software within a maximum of 10 calendar days, upon expiry of which, in the absence of confirmation, Shine Software shall be released from any commitment towards the Customer. Confirmation shall in any event release Shine Software from any liability regarding the data provided by the Customer. In all cases - whether of electronic communication or telephone communication - the Customer undertakes to promptly inform Shine Software of any change to his/her data communicated at any time. Should the Customer then communicate inaccurate or incomplete data, Shine Software shall have the right not to activate and/or to suspend the service until the Customer remedies such deficiencies. Shine Software reserves this option also in the event that the competent bodies (e.g. banks or credit card holders) dispute the payments made by the Customer. Upon the Customer's first request for activation of a Service, Shine Software shall assign him/her a User ID and a Password.

The Customer acknowledges that such User ID and Password constitute the system for validating the Customer's access to the Services. The Parties acknowledge and agree that such User ID and Password constitute the only suitable means of identifying the Customer at the time of access to the Services. The Customer therefore agrees and acknowledges that all acts performed through the use of the aforementioned User ID and Password shall be attributed to him/her and shall be binding upon him/her.

The Customer acknowledges that he/she is the sole and exclusive party responsible for the acts performed through his/her User ID and Password and undertakes to keep them confidential and to safeguard them with due care and diligence and not to transfer them, even temporarily, to third parties. In any event, the Customer accepts that the electronic and/or telematic records made by Shine Software and/or its suppliers may be relied upon and adduced before any competent Authority for all evidentiary purposes pursuant to and for the effects of these GTCS and that, in particular, the parties may base thereon suitable civil evidence as to the existence of the relationships and/or acts that are the subject of any dispute.

6 - NATURE OF THE SERVICES - FEES AND PAYMENTS

The nature and type of the Services provided by Shine Software to the Customer is described in the individual SOs that he/she shall accept. The Fees for the Services as well as the terms and methods for payment of the Fees are those established in the SOs or in the attached offers. All Fees, unless expressly specified otherwise, are to be understood as exclusive of VAT. Payment of the fees for the requested Service must be made by credit card by completing the payment form during the registration procedure.

The credit card details shall be held by the bank associated with Shine Software in a dedicated database and shall be deleted upon expiry of the services. Shine Software shall store and process the data with the utmost care, using dedicated systems developed in accordance with the best security standards in the sector. In the event of tacit renewal of the services, the Customer expressly authorises Shine Software to charge the fee for the service on an annual periodic basis with the consequent debit to his/her credit card, hereby guaranteeing the availability of the sum to carry out such debit.

Following online payment, Shine Software shall send a suitable payment invoice to the address indicated in the registration data. For services with automatic renewal, the Customer acknowledges that, in the event of renewal, the list price published and in force on the renewal date shall apply. All tax charges arising from the use of the Services by the Customer shall be borne exclusively by the latter. In the event of delay in making payments, Shine Software shall have the right to suspend the provision of the Services, pursuant to and for the effects of Article 1460 of the Italian Civil Code, and the Customer, without the need for any formal notice of default, shall be liable to pay default interest at a rate equal to the statutory interest rate increased by 5 percentage points, without prejudice to Shine Software's right to compensation for any greater damage.

Shine Software reserves the right, subject to notice by means of announcements on the website www.shinesoftware.com, to send invoices in electronic format to the email address provided at the time of purchase. It shall therefore be the Customer's exclusive responsibility to notify Shine Software of any change to the email address communicated.

7 - AMENDMENTS TO THE GTCS AND/OR THE SOs

Shine Software reserves the right to amend these GTCS at any time, as well as the terms and conditions of the SOs, by notice via email to the Customer with at least 30 days' prior notice. The Customer agrees and acknowledges that such notice may also be given by means of General Notices to Users published on the Shine Software website.

In the event of amendments resulting in a significant reduction of the services provided, the Customer shall have the right to withdraw from an SO or from the GTCS then applicable, by sending Shine Software the relevant notice within the same period of 30 days referred to in the preceding paragraph, upon the fruitless expiry of which the amendments shall be deemed accepted by the Customer and fully binding upon him/her.

8 - USE OF THE SERVICES AND CUSTOMER LIABILITY

The Customer undertakes to use the Services with the utmost diligence, complying with the rules of use indicated in the SOs and in such a way as not to compromise, for the Services offered by Shine Software on a shared basis, the stability, security and quality of the Services themselves, including with regard to the use by others. In such situation, Shine Software reserves the right to interrupt the provision of the Service with prior notice to be given also via email in the preceding 48 hours, where there are proven grounds indicating that the Customer's use may compromise the stability, security and quality of the Services offered on a shared basis. The Customer further undertakes not to use the Services for unlawful purposes and not to infringe in any way all applicable national and international rules, including regulatory ones. The Customer further undertakes to comply with the Netiquette rules available at http://www.nic.it/NA/netiquette.txt.

In particular, the Customer undertakes not to upload, and not to have third parties upload, content infringing privacy, copyright and intellectual property, or pornographic, blasphemous or offensive content, or content that may in any way harm or endanger the image of third parties or of Shine Software. The Customer further undertakes not to commit acts of computer piracy through his/her Internet access. The Customer warrants that he/she shall not engage in spamming, that is, the sending, via email, of unauthorised communications that are unrequested and/or unsolicited by the recipients. Shine Software reminds the Customer that such practice is prohibited not only by the Netiquette rules but also by Legislative Decree no. 196/03 for the protection of privacy. Shine Software further emphasises that it shall hold the Customer liable even where the illegal spam activity is carried out through email addresses other than the one purchased from Shine Software and involves, even indirectly, a Shine Software Service or directly Shine Software's technical infrastructure (for example: unauthorised promotion of a website hosted with Shine Software).

Shine Software reserves the right to immediately suspend the Service where, in its sole judgement or through third-party reports, it considers that the Customer is carrying out activities in breach of the obligations set out in this contract. In such case, the Customer, following notice also via email from Shine Software, must immediately eliminate the causes of the dispute or provide suitable documentation proving full compliance of the activity carried out by him/her with the legislation in force. In the event of failure to respond immediately, Shine Software shall have the right to immediately terminate the contract, without prejudice to the right to full payment of the fee and Shine Software's right to take action for full compensation for any damage suffered. The Customer acknowledges that he/she is the sole and exclusive party responsible for the activities carried out through the Service or directly or indirectly attributable to him/her, and this also in the event that the Customer has subscribed to an SO on behalf of third parties authorised by him/her to use the Service, and in particular that he/she is responsible for the content and communications entered, published, disseminated and transmitted on or through the Services. Therefore, Shine Software cannot be held in any way liable for criminal, civil and administrative offences committed by the Customer by means of the Service. The Customer undertakes to hold harmless and, in any event, to indemnify Shine Software from any action, claim, demand, cost or expense, including reasonable legal expenses, that may arise to the latter as a result of the Customer's failure to comply with the obligations assumed and the warranties provided through acceptance of these GTCS or an SO and in any event connected with the use of the Services by the Customer.

9 - COMMUNICATIONS BETWEEN THE PARTIES

Save where expressly provided otherwise, the Parties agree and acknowledge the use of electronic mail for making the communications required or to be made pursuant to these GTCS and/or the individual SOs.

10 - INTELLECTUAL AND/OR INDUSTRIAL PROPERTY RIGHTS

Shine Software remains the sole holder of the proprietary and economic exploitation rights relating to inventions and programs (including software, documentation and written programs, studies, etc.) and to anything else that has been prepared, produced or developed for the purposes of the Services purchased through the individual SOs by the Customer, to whom only a limited and non-transferable right of use is granted.

11 - LIMITATIONS OF SHINE SOFTWARE'S LIABILITY

Shine Software undertakes to employ the best technology of which it is aware and the best resources at its disposal to provide the Services that are the subject of the individual SOs. The Customer agrees and acknowledges that Shine Software cannot in any case be held liable for delays or malfunctions in the provision of the Services arising from events beyond Shine Software's reasonable control, such as, by way of example:

(i) events of force majeure;
(ii) events arising from the act of third parties such as, by way of example only, the interruption or malfunction of the services of telecommunications operators and/or of electrical lines, or acts or omissions of the competent Registration Authorities;
(iii) malfunction of the terminals or other communication systems used by the Customer. In the event of interruption of the Service, Shine Software undertakes to restore the Service as quickly as possible. The Customer further agrees and acknowledges that Shine Software cannot in any case be held liable for acts or omissions committed by the Customer in breach of the obligations assumed by the latter pursuant to these GTCS or an SO, nor can it be held liable for malfunctions due to defects in the means indispensable for access, to improper use thereof and/or of the methods of access to the service by the Customer or third parties. Shine Software cannot in any case be held liable towards the Customer or third parties for loss of profit, loss of earnings, nor for any other form of loss of profit or indirect and consequential damage connected with the performance of these GTCS or of each individual SO. The Customer is informed that the Services may be suspended, cancelled or transferred at the request of the Authorities to which the Services are subject.

12 - EXPRESS TERMINATION CLAUSE

Shine Software may terminate these GTCS and each SO, pursuant to and for the effects of Article 1456 of the Italian Civil Code, in the event of failure by the Customer to comply with the provisions of Articles 4, 5 and 7 of these GTCS, without prejudice to and saving Shine Software's rights to payment of the fees accrued in its favour as at the date of termination and to compensation for damages.

13 - APPLICABLE LAW AND COMPETENT COURT

This Contract is governed by the laws of the Italian Republic. For any dispute relating to or arising from this Contract or its performance, the Court of Catania shall have exclusive jurisdiction. In the case of a contract entered into by a Consumer, the Court of the Customer's domicile or residence shall have jurisdiction. Unfair clauses of the general terms and conditions of service: Pursuant to and for the effects of Articles 1341 and 1342 of the Italian Civil Code, I declare that I have carefully read and specifically approve the following clauses of the GTCS: (i) Article 2, Term and Right of Withdrawal; (ii) Article 3 Request for services on behalf of third parties (iii) Article 6, Amendments to the GTCS or the SOs; (iv) Article 7, Use of the Services and Customer Liability; (v) Article 10 Limitations of Shine Software's Liability; (vi) Article 11 Express Termination Clause; (vii) Article 12 Applicable Law and Competent Court.

14 - TECHNICAL SUPPORT

Shine Software makes technical support available to the Customer: on the website https://www.shinesoftware.com 24h/365 days or by chat from Monday to Friday from 9.30 a.m. to 1.00 p.m. and from 2.00 p.m. to 6.30 p.m.

Depending on the offers, the Customer has access to the following levels:

Level 1 - Assistance: Shine Software undertakes to inform the Customer of the fulfilment of his/her order. Shine Software undertakes to verify the proper functioning of the features of the Service. Shine Software undertakes to remedy malfunctions arising from its exclusive responsibility.

Level 2 - Consultancy: Shine Software makes documentary resources available to the Customer. Subject to availability, Shine Software undertakes to communicate to the Customer the most appropriate documentary resource to resolve his/her problem. Shine Software shall endeavour to keep the documentary resources up to date.

Level 3 - Shine Software offers the preparation of its documentary resources upon specific request by the Customer. A quotation for the intervention shall be submitted for the Customer's acceptance. Shine Software reserves the right to refuse a request for intervention for legitimate or justified reasons.

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