Terms & Conditions
Progretio.com S.r.l. undertakes to provide services to the Customer, who accepts and adheres to the terms and conditions of this TOS contract (Terms of Service, General Conditions of Services). The use of the services offered by Progretio.com S.r.l. involves the unconditional acceptance and agreed sharing of the SLA (Service Level Agreement) and these TOS (Terms of Service, General Conditions of Services).
This contract, including all terms and conditions contained herein, forms an integral part of the TOS and the SLA of Progretio.com S.r.l. Progretio.com S.r.l. reserves the right to modify, at its sole discretion, the SLA and the TOS at any time.
The Customer acknowledges and accepts that any changes to the TOS and/or the SLA by Progretio.com S.r.l. will not constitute a valid reason for early termination or termination of the contract, nor can they be considered as a cause of non-fulfillment attributable to Progretio.com S.r.l.
Both parties acknowledge that this contract has been drawn up in accordance with current legislation and applicable laws in Italy.
A. Communication with the Competent Authorities
Progretio.com categorically prohibits the use of its services for illicit activities, contrary to the law, public morality and collective security, both nationally and internationally. The User acknowledges and accepts that, in case of official and documented request by the competent authorities, Progretio.com is authorized to disclose data relating to customers, including IP addresses, activity logs, information on the use of the services , etc., without the need to obtain prior consent or inform the interested User. Progretio.com reserves the right to interrupt or terminate the services provided to the User, according to the terms of this contract, in case of violations.
1 [Definitions]
1.1 For the purposes of these TOS, the terms indicated below, where indicated with a capital initial letter, will have the following meaning (with the clarification that the terms defined in the singular must be understood as also referring to the plural and vice versa):
a) TOS”: this document, together with the attached documents and Materials;
b) SoftwareSoftware”: the platform offered by connecteed.com (progretio.com srl) which allows Users, in SAAS (Software As A Service) mode, to use some or all of the services indicated in the attached Materials;
c) Device”: the device through which the User can use the Software. The minimum requirements are: access via a web browser - Microsoft Internet Explorer version 11 or Edge, Firefox version 44 or higher, Google Chrome version 48 or higher, Safari version 9 or higher, Opera version 40 or higher - in safe mode (e.g. https protocol, etc.);
d) User”: the subject, natural or legal person, who uses the Software exclusively through a Device, after having read and accepted these TOS;
e) AccountAccount": the web space with access protected by credentials, present within the Software, dedicated exclusively to the User.
2 [Subject, free trial and duration of TOS]
2.1 The TOS concern the provision by connecteed.com (progretio.com srl) to the User of a license to access and use the Software in SaaS (Software as a Service) mode, according to the characteristics and the service level expressly indicated in the registration procedure or in any attached Materials. The descriptions, any costs and conditions of all the services offered by connecteed.com (progretio.com srl) are present on the website www.connecteed.com and in the attached Materials.
2.2 connecteed.com (progretio.com srl) reserves the right to prevent the User, in the event of violation by the latter of these TOS, from accessing the Software or certain services thereof.
2.3 The use of the Software, taking place on the basis of a contractual act, presupposes that the User is of age and has the capacity to act or, in the case of minors or incapable of acting, is duly authorized by the subject required by law for this purpose.
2.4 All costs deriving from, or connected with, access to and use of the Software (such as, by way of example but not limited to: Internet connection costs and any other costs relating to the use of the Software from the Device of the User) remain the responsibility of the User.
2.5 connecteed.com (progretio.com srl) is not responsible for any inability to access and/or use the Software which may depend on any incompatibility of the Device with the Software (if reported in these TOS), Internet connection problems and/or any technical malfunctions of the Software.
2.6 Where indicated, the User may use the Software - free of charge and only for the functions and/or limitations indicated in the attached Materials - for a period of days expressly indicated in the registration procedure (by way of example and not exhaustively: 14 ( fourteen) days, etc.). The registration procedure will require the entry of valid credit card details in order to validate the user, even where a free trial period is provided. This procedure will be managed through the 'Stripe' system (https://stripe.com/it/privacy), which will allow the User's registration to be validated without making any actual charges to the credit card.
2.7 It is at the total discretion of connecteed.com (progretio.com srl) to offer, validate and/or limit the free trial referred to in the previous paragraph. For these purposes, connecteed.com (progretio.com srl) reserves the right to use any appropriate necessary verification (by way of example but not limited to: the User's device ID, the payment method chosen by the User, the User's email address, etc.).
2.8 At the end of the period referred to in the art. 2.6, if the User has not manually canceled the subscription to the Software before the aforementioned deadline (the User can do this in the settings of his Account), the amount of the fee will be charged (using the payment method chosen by the User) as defined in the TOS and in the attached Material. In case of absence of the free trial period referred to in the paragraphs
above, we will charge (using the payment method chosen by the User) the amount of the fee according to the instructions defined below.
2.9 The TOS are valid from the day of their subscription, until the deadline defined by the duration of the service chosen by the User (by way of example and not exhaustively: 31 (thirty-one) days from the date of subscription, 365 (three hundred and sixty-five) days from the date of subscription, etc.) and is intended to be renewed, from time to time, for a period equal to the duration optioned above, until any cancellation made by the User according to the methods indicated within the Software or in the TOS.
2.10 connecteed.com (progretio.com srl) will only remove , at its discretion, access to the Software, to any further services covered by the TOS and to the deletion of any data specifically present within the Account.
3 [Use of the Software, Account registration procedure and methods of use]
3.1 To use the Software, the User must register by connecting to the Software portal at the URL www.connecteed.com and carry out the procedure indicated therein. At the end of the guided procedure, the User will be able to access the Software with their username (the email address communicated during registration) and the password chosen by them. The Software provides the User with a web-based interface that allows access to the functions provided for the different profiles and levels of use. Access to the Software occurs through secure and unique authentication, thanks to the use of the authentication mechanism, which protects documents from unauthorized viewing, allowing maximum flexibility in the attribution of access permissions.
3.2 Failure by the User to fill in all the fields indicated as mandatory during registration will not make it possible for the User to use some of the services offered by the Software. The User undertakes to verify the accuracy of the data entered, indemnifying connecteed.com (progretio.com srl) from any request for compensation for damages resulting from such error.
3.3 The User may possibly carry out a valid registration also through alternative methods, exclusively where this option is made available by Connecteed.com (progretio.com srl).
When registering using these methods, the User declares that the data provided corresponds to the truth and assumes all civil and criminal liability for any falsity of the same.
3.4 The User undertakes to use the Software only on the Devices indicated in these TOS as supported by connecteed.com (progretio.com srl).
3.5 The User, following completion of the registration procedure referred to in this article, will be able to use all the Software services indicated as active and may possibly opt for a further level of services, following the instructions given therein.
3.6 The access credentials referred to in this article are personal, relating to the User and non-transferable (not even free of charge). It is the User's responsibility to employ all appropriate measures to guarantee the confidentiality of their access credentials.
3.7 connecteed.com (progretio.com srl) reserves the right to suspend and/or cancel the User's registration at any time and take action in the relevant judicial offices, if the data provided during registration are not truthful, correct, accurate and/or released in violation of third party rights.
3.8
connecteed.com (progretio.com srl) may apply, for the entire duration of the TOS in question, within the Software, certain technological protection measures (hereinafter also referred to as 'MTP') to prevent use without a license or illegally of the Software itself or increase the level of security of use of the User's Account. The User expressly accepts that connecteed.com (progretio.com srl) may use these MTPs to protect the Software.
4 [Changes to the TOS and limitation of liability]
4.1 These TOS may be subject to additions or variations in order to make them adequate with respect to any technical and/or operational changes made to the Software. connecteed.com (progretio.com srl) will inform Users with specific notices of any changes. However, we recommend that you periodically check this document to stay up to date.
4.2 Any updated versions, which will bear the date on which the update was made, will be promptly published in this document and will become effective immediately after publication.
4.3 The User who continues to use the Software once the modifications have been made implicitly accepts the TOS as modified by connecteed.com (progretio.com srl).
4.4 connecteed.com (progretio.com srl) does not guarantee that the information contained in the Software is accurate, updated or complete and reserves the right (without assuming any obligation) to update or make changes to such information, at any time and without notice, committing to communicate with the same methods with which such information had been communicated previously.
4.5
connecteed.com (progretio.com srl) may include within the Software information provided by third parties, who remain solely responsible for the communication of such information, also assuming the obligation to verify the exact indication and correct updating of such information.
4.6 connecteed.com (progretio.com srl) cannot be held responsible for any incorrect indications referred to in the art. 4.5 above.
4.7 connecteed.com (progretio.com srl) does not assume any commitment regarding the fact that the Software is suitable for particular results or purposes expected by the User, expressly excluding any related guarantee in this regard. By accepting these TOS, the User declares and confirms that they have verified the technical and economic characteristics of the Software, and that they have found them to be in all respects compliant with their expectations and adequate to their needs.
4.8 The User is responsible for all content shared and/or uploaded through the Software. In particular, the User guarantees that the contents referred to in this article, in addition to not being contrary to mandatory provisions ex lege, are in his legitimate availability (or adequate release and/or intellectual property license has been obtained) and do not violate any copyright, trademark, patent or other third party right arising by law, contract and/or custom, hereby exempting connecteed.com
(progretio.com srl) from any burden of ascertaining and/or checking the truthfulness of such information. The User, in any case, expressly undertakes to substantially and procedurally indemnify connecteed.com (progretio.com srl), keeping it harmless from any loss, damage, liability, cost or expense, including legal fees, deriving from economic claims that third parties can boast about the contents referred to in this article.
4.9 The User expressly acknowledges that all charges relating to compliance with their tax law deadlines are and remain their exclusive responsibility.
4.10 The User expressly acknowledges that it is not the responsibility of connecteed.com (progretio.com srl) to verify the content of the documents uploaded and/or managed through the Software for any tax compliance subsequent to the use of the Software.
4.11 The obligations and controls relating to the previous article are and remain the exclusive responsibility of the User.
4.12 The User expressly acknowledges that it is his/her sole responsibility for any errors or lack of prices, quantities and other details of the products/services offered for sale through the Software. The User expressly undertakes to substantially and procedurally indemnify connecteed.com (progretio.com srl), keeping it harmless from any loss, damage, liability, cost or expense, including legal fees, deriving from any errors referred to in this article.
5 [Grant of License to Users]
5.1 The User who completes the registration procedure for the Software is granted by connecteed.com (progretio.com srl) a limited, non-exclusive and revocable license for personal and non-commercial use of the Software. The license referred to in this article is also granted for subsequent updates, unless these are accompanied by specific conditions of use.
5.2 The User may not, by way of example and not be limited to:
a) circumvent the technological limitations present in the Software;
b) decompile or disassemble the Software;
c) publish (in analogue or digital format) the Software to allow its duplication by third parties;
d) rent, lease or loan the Software;
e) transfer this license to third parties.
5.3 The Software is licensed by connecteed.com (progretio.com srl) to the User, "as is", and the User uses it at his own risk. connecteed.com (progretio.com srl ) does not recognize conditions or express guarantees further than those provided for by Italian law.
5.4 The User may not in any case transfer or sub-license the rights and/or licenses covered by these TOS.
6 [Fees]
6.1 The User undertakes to pay connecteed.com (progretio.com srl), in exchange for the provision by the latter of some or all of the levels of services and/or characteristics of the Software, the fees to the extent and in the manner determined on the website located at the URL www.connecteed.com (progretio.com srl) or in the attached Materials.
6.2 The User accepts and confirms that he has been adequately informed regarding the nature and costs of the services provided by Progretio.com S.r.l., as well as the related initial charges. The User also acknowledges that Progretio.com S.r.l. has the right to change the costs and charges associated with the services, communicating such changes with at least 30 days' notice. If the User does not accept the new economic conditions, he will have the right to withdraw from the contract within 15 days of notification of such changes. In the absence of a declaration of withdrawal within this period, the changes will be considered definitively accepted by the User.
6.3 connecteed.com (progretio.com srl) reserves the right to suspend or interrupt the supply of the Software to the User if more than 5 (five) days have elapsed since the deadline for payment has elapsed.
6.4 The sums referred to in this article must be paid as described on the website located at the URL www.connecteed.com.
6.5 The continuity and efficiency of the services provided by Progretio.com S.r.l. depend on the timely execution of payments by the User, in accordance with the conditions established in this contract. In case of non-payment by the due date specified on the invoice, the service will be suspended. This suspension will last for a period not exceeding 48 hours, after which, in the absence of regularization of payment, the service will be terminated following the early termination of the contract.
To reactivate the previously suspended services, it will be necessary to pay a penalty, the amount of which has been agreed and accepted by the parties, amounting to 89 + VAT.
6.6 Progretio.com S.r.l. has the right to temporarily interrupt or terminate the services provided to the User early if the sums due are not paid within the terms established in the contract. Any suspension or early termination of the contract does not relieve the User from the obligation to pay pending debts, including legal interest and possible expenses incurred for credit recovery.
6.7 Payments paid to Progretio.com S.r.l. they are definitive and not subject to reimbursement, covering both activation costs and those relating to the use of the services. Any charge or cost associated with disputes must be communicated within a maximum of 7 days from the date on which the dispute was raised, in the manner set out in the following art. 7.
7 [Cancellation]
7.1 The request to cancel the services described in this contract must be notified with a minimum notice of 30 days with respect to the termination date of the contract, using a registered letter with return receipt or by sending a certified email to progretio.com@legalmail. it. Progretio.com S.r.l. will confirm receipt of the cancellation request via email and will begin the procedures necessary to terminate the service. If the User does not receive confirmation via email, he/she must undertake to contact customer support via email or by telephone to verify the status of his/her request.
8 Reports and/or complaints
8.1 Any report and/or complaint may be sent by the User to the email address amministrazione@progretio.com or through a different procedure indicated by connecteed.com (progretio.com srl).
8.2 This communication must clearly report the User's data, as well as a detailed textual description of the problem encountered (it is also recommended to attach any documentation deemed suitable for resolving the problem).
8.3 connecteed.com (progretio.com srl) undertakes to provide a response to the report/complaint as soon as possible after receiving it.
8.4 The User acknowledges and accepts that the services offered by Progretio.com S.r.l. may suffer interruptions due to causes external to the will, negligence or default of Progretio.com S.r.l., and that damages resulting from such interruptions may be difficult to determine.
Consequently, Progretio.com S.r.l. will not be held liable for damages arising from situations beyond its control, negligence or default. If the liability of Progretio.com S.r.l. was proven in cases of its own negligence, intent or default, the maximum amount for which it can be held liable will not exceed the amount paid by the User for the service in the period in which the damage occurred.
8.5 Progretio.com S.r.l. will not assume responsibility for direct or indirect, immediate or intermediate, collateral or special damages, nor for losses or accidents of any nature.
9 [Appointment as External Data Processor]
9.1 The User (indicated below, exclusively in this article and in the acceptance section at the end of the TOS, also as Owner") is the exclusive owner of the processing of any personal data acquired, saved, processed and in any case processed by the same within your Account. connecteed.com (progretio.com srl) is required, within the limits of what is required by the TOS and the operations indicated in detail in this article, to comply with the instructions given by the User on any data that may be processed.
9.2 Limited to the complex of any processing operations of personal data received and/or in any case managed and processed by connecteed.com (progretio.com srl) in the provision of the services covered by the TOS, the User, in his capacity as Data Controller, with the signing of the TOS designates and appoints connecteed.com (progretio.com srl), pursuant to and for the purposes of the articles. 28 and 29 of the GDPR (EU Reg. 2016/679), External Manager" of only the personal data processing operations necessary for the fulfillment of the TOS, with exclusive regard to the execution, on such data, of all processing operations processing necessary for the provision of the Software application (connecteed.com progretio.com srl, indicated below, exclusively in this article and in the acceptance section at the end of the TOS, also as External Manager").
9.3 The designation of connecteed.com (progretio.com srl) as external manager of the processing of personal data, of which the User remains the sole and exclusive Data Controller, is to be considered valid and effective for the entire duration of the TOS and for renewals also tacit that should be carried out by the Parties.
9.4 As external data controller, connecteed.com (progretio.com srl) declares to be in possession of the requirements set out in the articles. 28 and 29 of the GDPR (EU Reg. 2016/679), being a subject who by experience, ability and reliability is able to provide suitable guarantee of full compliance with the current provisions on processing, including the security profile, limited to the part of the processing for which connecteed.com (progretio.com srl) itself, with the TOS, is responsible. Consequently, the External Manager confirms the direct and in-depth knowledge of the obligations assumed in relation to the provisions of the same decree and undertakes to proceed with the processing of personal data in accordance with the instructions received, reported in point 9.5 below.
9.5 The instructions relating to the processing which connecteed.com (progretio.com srl), as external data processor, undertakes to comply with are the following:
a) the external Manager is authorized to process personal data exclusively for the processing part and for all the operations which, if necessary, he is required to carry out in execution of the TOS, with reference, in particular, to the provision of the Software application in SaaS to the User;
b) the external manager must adopt the necessary security measures, both physical and IT, aimed at protecting the integrity, conservation and confidentiality of the data, in particular that of the data defined as particular by Reg. 679/2016, where provided for in the processing operations. In addition, the External Manager must adopt any further specific measures possibly established by the Owner, subject to approval of the estimate presented by the External Manager regarding the costs of the measures exceeding the minimum ones, as identified by the regulatory provisions;
c) the external Manager must appoint in writing the Authorized Persons to process personal data” pursuant to Reg. 679/2016, identifying among the subjects with the necessary skills who operate under the direct responsibility of the External Manager himself, to whom this lastly, it must provide appropriate and necessary instructions required by the legislation in question;
d) the external Manager must promptly inform the Data Controller, in relation to the processing listed above, of all matters relevant for the purposes of the law in force on the matter (for example requests forwarded to you by the Guarantor, results of any investigations and/or checks, requests from interested parties, etc.);
e) the external Manager must assist the Data Controller in ensuring compliance with the obligations referred to in articles 32 to 36 of the GDPR (Reg. 679/2016): Art. 32: Security of processing, Art. 33: Notification of a personal data breach to the supervisory authority, Art. 34: Communication of a personal data breach to the interested party, Art. 35: Data protection impact assessment, Art. 36: Prior consultation), taking into account the nature of the processing and information available to the data controller.
9.6 The External Manager must also provide adequate training to authorized persons on the obligations imposed by law and in particular on the security measures adopted.
9.7 The External Manager guarantees the obligations and duties, including formal ones, towards the Guarantor Authority for the protection of personal data if requested and within the due limits, arranging to collaborate promptly, to the extent of his competence, both with the Data Controller and with the Authority.
9.8 The Owner, in turn, undertakes to fulfill the following:
a) release of the information to the interested parties and the collection of the relative consent from the same, where necessary, as well as the further obligations required by the legislation on the protection of personal data which have not been expressly entrusted to the external Manager and which have been specifically approved in writing;
b) indemnify, guarantee and hold harmless the external Data Processor for any amount he may be required to pay for any reason as a consequence of the omissions regarding the aforementioned obligations, which are the responsibility of the Data Controller exclusively or, possibly, through different data processors by the external manager himself.
9.9 The designation and appointment of connecteed.com (progretio.com srl) as external manager of the processing of personal data, contained in this article, is effective from the conclusion of the TOS and will cease when the latter lose effectiveness.
10 [Interpretation]
10.1 The technical-IT terms contained in these TOS must be interpreted in the common sense and in the current meaning that they have in the IT field of reference.
11 Intellectual property, external links and ownership of documents]
11.1 The Software is an intellectual work protected by copyright law (law 22 April 1941, n. 633 and subsequent amendments and additions) to protect intellectual property. The owner of the rights to the Software is connecteed.com (progretio.com srl) which, subject to full acceptance of the terms and conditions set out in these TOS, grants the User the right for consideration, revocable in the manner provided herein article, to use the Software exclusively for personal use.
11.2 Reproduction, communication to the public, modification and any other act of use of the Software and contents owned by connecteed.com (progretio.com srl) for purposes other than and beyond the private and personal use of the same are prohibited.
11.3 The intellectual property rights on the community trademark connecteed.com (progretio.com srl) ” and on the domain name http://www.connecteed.com com” belong exclusively to connecteed.com (progretio.com srl).
11.4 All other names, signs or other symbols present in the Software may be registered trademarks of their respective owners. The unauthorized use of these signs may constitute a violation of the rights of the respective owners, and as such, prosecutable.
11.5 The Software may possibly use libraries from third-party companies (possibly also open source), for which connecteed.com (progretio.com srl) has acquired specific licenses. By accepting this TOS, you agree to the terms and conditions of such third-party libraries. connecteed.com (progretio.com srl) is not responsible for the content of any third party websites and/or services provided by third parties or any links contained therein within the Software.
11.6 Further services possibly offered by connecteed.com (progretio.com srl) and accessible to Users through links that lead outside the Software in question, will be managed and regulated by further specific documents expressly indicated.
11.7 The documents uploaded and/or managed by the User within the Software remain the exclusive property of the User, who by signing this document allows connecteed.com (progretio.com srl) to be able to carry out the operations necessary to execution of the requested services.
11.8 By virtue of the TOS, the User allows connecteed.com (progretio.com srl) to use its logo, for information and/or communication purposes, both on the institutional sites of connecteed.com (progretio.com srl), and on the presentation material of the Software.
12 [Security]
12.1 Although the Software offered by connecteed.com (progretio.com srl) is not normally a vehicle for viruses, worms, Trojans or other malware, it is not possible to exclude a priori that such malicious code may be conveyed by browsing within of the Software by the User. It is therefore the User's sole responsibility to equip themselves with the appropriate tools for safe browsing (e.g. constantly updated Antivirus and Firewall).
13 [Limitations of liability]
13.1 Without prejudice to the mandatory limits of law, the liability of connecteed.com (progretio.com srl) for damages of any kind caused, in the execution of the Software, by connecteed.com (progretio.com srl) towards the User or of third parties will, in any case, be limited to cases of willful misconduct or gross negligence on the part of connecteed.com (progretio.com srl) and within the limit of the refund of 100% (one hundred percent) of the amount actually paid up to that point by the User (by way of example and not exhaustively: damages resulting from inability to use the Software, damages from errors in entering data/prices/specifications while using the Software, damages resulting from errors in choosing the types of sale/opening of accounts and/or opening of online shops, damages resulting from loss of earnings and/or revenue and/or profit and/or profit, interruption of activities, loss of data, loss of commercial information or other type of economic loss, damage caused to software and/or hardware).
13.2 connecteed.com (progretio.com srl), in the event of damage or loss of the User's data, will be responsible exclusively for the normal data recovery operations (to be carried out by the end of the working day following the aforementioned) aimed at restoring of the condition of the latter in the state in which they were found no later than 24 hours (twenty-four) hours before their loss or damage. It is the User's responsibility to periodically make backup copies of the data contained in their Device (by way of example but not limited to: personal data, configuration files, data archive, etc.) and to verify the integrity of such backup copies.
13.3 Without prejudice to the mandatory limits of the law, connecteed.com (progretio.com srl) will not be responsible for any consequences on the User's IT systems resulting from:
I. from any installation and/or use of software or services by the User on his/her computer system;
II. from changes to the hardware and/or software configuration carried out by the User himself on his own computer system.
13.4 connecteed.com (progretio.com srl) is in no way responsible for any loss of data, for the dissemination of personal or sensitive data and for any other type of damage directly or indirectly suffered by the User which has been caused from malware present on the Internet.
13.5 The User undertakes to substantially and procedurally indemnify connecteed.com (progretio.com srl) and to keep it harmless from any and all losses, damages, liabilities, costs or expenses, including legal fees, deriving from or in any way connected to claims or disputes from third parties relating to operations in violation of the provisions of the TOS (or in violation of any current legislation), carried out by the User using the Software.
14 [User Responsibilities]
14.1 The User undertakes to use the Software in compliance with the provisions of these TOS and, in any case, exclusively for lawful purposes.
14.2 Any violation of these TOS by the User may result in the immediate termination of the contract pursuant to and for the purposes of the art. 1456 of the Italian civil code, as well as blocking access to the Software for the User, and exposes the latter to all responsibilities established by law.
14.3 By signing the TOS, the User declares and confirms that he has verified the technical and economic characteristics of the Software, and that he has found them in all respects compliant with his expectations and adequate to his needs.
14.4 The User, when using the Software, guarantees connecteed.com (progretio.com srl) to respect any indication and possible privacy obligation deriving from the GDPR (EU Reg. 679/2016) and that he signs agreements (appointing external data processing manager or similar document) with each carrier/shipper to which it will transfer the data contained in the Software using the latter.
15 [Progretio.com S.r.l. Anti-Spam Policy]
15.1 Progretio.com S.r.l. adopts a zero tolerance policy towards the sending of unsolicited commercial emails or SPAM via its network infrastructure. Customers are required not to use or allow the use of the Progretio.com S.r.l. network. for SPAM activities or connections to sites recognized as sources of UCE (Unsolicited Commercial Email) by other networks. It is also prohibited to send mass emails via external connections that establish an SMTP connection with the recipients' servers.
15.2 Any violation will result in the immediate suspension of the services and may lead to early termination of the contract at the discretion of Progretio.com S.r.l., reserving the right to take legal action to protect its interests.
15.3 Any violations of the contractual conditions will expose the Customer to sanctions and compensation for damages, including termination of the service. Progretio.com S.r.l. may occasionally check email messages to prevent inclusion in SPAM blacklists.
In case of suspected violation of anti-spam regulations, Progretio.com S.r.l. will carry out checks within 48 hours of notification, being able to limit access to the network to prevent further infringements. If confirmed, guilt in SPAM may lead to restrictions, suspensions or termination of services.
15.4 Progretio.com S.r.l. reserves the right to take legal action to recover the costs associated with investigating the breach and to inform the relevant authorities if the breach constitutes a criminal offence.
The first infringement will result in an administrative fine of ............. and potential immediate closure of services. A second infringement will imply a cost of ............ and the permanent closure of the services. Customers will also be responsible for investigation costs.
15.5 The Customer is responsible for the actions of its customers on the Progretio.com S.r.l. network. and must ensure that they adopt similar policies against SPAM.
15.6 Websites or services that support SPAM or appear in Spam Databases will be immediately disconnected and not reconnected until the inappropriate content has been completely eliminated and verified by Progretio.com S.r.l. Obvious violations will lead to permanent suspension without notice.
16 [Network and Ownership of IP Addresses]
16.1 The IP addresses used by the User remain the exclusive property of Progretio.com S.r.l. The User has the right to use IP addresses only for the duration of the contract. Progretio.com S.r.l. holds full ownership and control over all IP addresses and numbers assigned to the User and may modify or remove them at its sole discretion. The assignment of IP addresses to the User does not give the right to create new IP addresses and must comply with RIPE regulations. Progretio.com S.r.l. will carry out periodic checks on the use of IP addresses and, in case of violations, will revoke authorization for their use.
17 [Use of Disk and Band]
17.1 The User agrees that the use of disk and bandwidth does not exceed the monthly limit established by the subscribed service. Progretio.com S.r.l. will monitor bandwidth and disk usage, notifying any excess to the User, who will have the opportunity to opt for an upgrade. In the absence of a response within 48 hours of notification, Progretio.com S.r.l. reserves the right to take appropriate measures, such as suspension or interruption of the services or termination of the contract, without the right to a refund for the User.
18 [System and Network Security]
18.1 The User is prohibited from compromising or attempting to compromise the security of the Progretio.com S.r.l. network. Security breaches may result in civil, criminal or administrative proceedings. Progretio.com S.r.l. will investigate any suspected actions that violate security and will cooperate with authorities in prosecuting Users responsible for such violations, including, but not limited to: unauthorized access to data or systems, attempts to violate security, interference with the use of services by others, overload attacks, mail bombing or crashing, manipulation of TCP/IP packets or headers of e-mail or newsgroup communications, and the unauthorized obtaining of services.
19 [Breach Notification]
19.1 Progretio.com S.r.l. is not required to monitor the activity of each User to identify potential violations, nor does it assume responsibility for monitoring Internet activities and online relationships.
19.2 First violation: if a User is found responsible for a violation, as determined by Progretio.com S.r.l., he or she will receive a notification via email. The service may be interrupted or suspended, at the discretion of Progretio.com S.r.l., to prevent further violations.
19.3 Second violation: the User responsible for a second violation will incur the immediate suspension or cancellation of the services, without notice, at the discretion of Progretio.com S.r.l.
19.4 Progretio.com S.r.l. reserves the right to close sections of IP space involved in SPAM or other prohibited activities, especially if these activities cause harm or pose a threat to Internet users, including the opening of open relays on the User's or third parties' networks .
20 [Suspension of Service or Cancellation]
20.1 Progretio.com S.r.l. may suspend network access for any User if it believes that the User's server is the source or target of violations. Illegal activity will result in the deactivation of all User accounts until the checks are completed, without guarantee of notification to the User. Serious violations will be reported to the competent authorities at the discretion of Progretio.com S.r.l.
21 [Modification of Contractual Conditions]
21.1 Progretio.com S.r.l. reserves the right to modify the conditions of this contract at any time. All subnetworks, resellers and servers managed by Progretio.com S.r.l. they will have to update themselves on the rules and their changes. Non-compliance with the contractual conditions and their modifications will result in the immediate cancellation of the service.
22 [Information]
22.1 Progretio.com S.r.l. requires Users to report any violation that circumvents controls or any action taken by third parties against Progretio.com S.r.l. If the activities of a User or a third party cause damage to Progretio.com S.r.l., the User will be responsible for compensation for damages and associated costs.
23 [General Warnings]
23.1 The User is required to maintain a good communication channel with Progretio.com S.r.l. The assignment of the contract without written consent of Progretio.com S.r.l. will result in its early termination. Progretio.com S.r.l. is not responsible for the contents inserted by third parties or for the links present on its network. Illegal or offensive material on the User's servers will result in immediate cancellation without the right to a refund.
24 [ResponsibilityResponsibility for Contents]
24.1 The User is solely responsible for the contents managed through the servers of Progretio.com S.r.l. and must respect the intellectual property rights and licenses of the software used.
25 [Acquiescence]
25.1 Failure by connecteed.com (progretio.com srl) to exercise rights, faculties or options provided for in these TOS does not constitute acquiescence or waiver thereof.
26 [Consent Clause for Marketing Communications]
26.1 The User, by signing this Terms of Service Agreement (TOS), explicitly expresses his consent for Progretio.com S.r.l. may send you informative and promotional material regarding updates, offers, new products or services, as well as other communications of a commercial or informative nature.
26.2 The User authorizes Progretio.com S.r.l. to contact him via the following channels:
•
EmailEmail: to send newsletters, offers, announcements and other communications relating to the services offered by Progretio.com S.r.l.
•
Phone calls: for direct marketing actions, surveys, personalized offers or any other communication that Progretio.com S.r.l. believes it may be of interest to the User.
•
SMS messages or instant messaging: to send updates, promotions or information relevant to the services offered.
26.3 The User accepts that such communications may be personalized based on his preferences, his use of the services and any other information that Progretio.com S.r.l. has at its disposal in relation to the User.
26.4 The User may revoke this consent at any time by contacting Progretio.com S.r.l. or by using the unsubscribe mechanism provided in electronic communications. The revocation of consent does not affect the lawfulness of the processing based on the consent given before the revocation.
26.5 Progretio.com S.r.l. undertakes to process the User's personal data in compliance with current legislation on the protection of personal data and privacy.
27 [Invalidity or partial ineffectiveness of the TOS]
27.1 If one or more clauses of these TOS are deemed null, voidable, invalid or otherwise ineffective by the competent judicial authority, in no case will such nullity, voidability, invalidity or ineffectiveness have any effect on the remaining clauses of the TOS, which will remain fully valid and effective.
28 [Translations]
28.1 The version of the TOS in Italian represents the original reference version of this agreement between connecteed.com (progretio.com srl) and the User. Any other translation will be provided by connecteed.com (progretio.com srl) for convenience purposes only. The Italian version will always prevail in the event of any differences found between the Italian version and the version translated into a different language.
29 [Applicable law and competent court]
29.1 The interpretation and execution of the TOS, as well as the relationships between connecteed.com (progretio.com srl) and the User deriving from the same, are governed by Italian law, with express exclusion of the application of any international law provisions private.
29.2 Without prejudice to cases in which jurisdiction is mandatorily established by law, without prejudice to the provisions of the following art. 18, all disputes arising from, or in any case relating to the TOS, will be subject to the exclusive jurisdiction of the court of Brindisi (Italy), with the User expressly renouncing any exception with respect to this court.
30 [Conciliation and arbitration]
30.1 For any dispute arising from, or in any case relating to the TOS, Connecteed.com (progretio.com srl) and the User (hereinafter also referred to as the Parties”) undertake to:
the. a mandatory attempt at conciliation according to the procedure indicated below;
ii. in the event of failure of the conciliation procedure, an arbitration proceeding according to the procedure indicated below.
30.2 The conciliation request is considered proposed when it is sent in writing to the other party, by registered letter with return receipt (or equivalent means), communication containing the description of the disputed issue. The conciliation attempt may be carried out in the manner that connecteed.com (progretio.com srl) and the User deem most appropriate in relation to the purpose, also making use of the participation of a conciliator appointed by mutual agreement or, in case of disagreement, drawn from among those proposed, in equal numbers, by the Parties.
30.3 The conciliation procedure must be concluded within 30 (thirty) days from the deadline referred to in the previous paragraph. This deadline may be extended by mutual agreement between the Parties before expiration. Upon expiry of the deadline, unless it has been extended, the conciliation attempt is considered to have been completed. In the event of a successful conciliation attempt, the conciliation report, signed by the Parties, constitutes a settlement agreement.
30.4 In the event that the conciliation attempt referred to in this article fails, disputes arising from the obligations of the TOS or in relation to them will be resolved by arbitration according to the regulations of the C.I.A.A. Chamber of Commerce. of Brindisi, by a sole arbitrator appointed in accordance with this regulation - which is freely available at the URL http://www.br.camcom.gov.it/.
31 [Completeness clause]
31.1 The TOS constitute a complete agreement between connecteed.com (progretio.com srl) and the User with reference to its object and cancel and replace any other previous understanding, written or oral, that may have occurred between the Parties on the same object.
31.2 To the extent that the terms in any attached Material conflict with the terms of the TOS, the terms contained in the TOS will prevail.
31.3 No modification, acronym or clause added to the TOS by connecteed.com (progretio.com srl) or by the User will be valid and effective unless specifically and expressly approved in writing by both Parties.
Pursuant to and for the purposes of articles. 1341 and 1342 cod. civil the User declares to have read and understood all the aforementioned clauses of the TOS and, after careful and specific viewing, declares to expressly and specifically approve and accept the following clauses:
1,2,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21,22,23,24,25,26,27,28,29,30,31
