These Terms and Conditions govern the sale of Services on the Site at www.thenewsletterplugin.com. The Supplier reserves the right to modify these Terms and Conditions of sale and the Privacy Policy and the aforementioned changes will be communicated to Users through the Site by means of a specific notice. This notice may, at the discretion of the Supplier, also be sent by email. The online sale of the Services on the Site is governed by the provisions of the Consumer Code Legislative Decree no. 206/2005 and the Electronic Commerce Code Legislative Decree no. 70/2003.
ART. 1 DEFINITIONS
For the purposes of this contract, the following definitions apply:
Supplier of the service: Web Agile Sas di Fietta Roberto, with registered office in Mussolente (VI), via Trieste 8, VAT no. 03809490240, email: info@thenewsletterplugin.com
General Terms and Conditions: the set of these contractual clauses that determine and define the relationship between the Supplier and the Customer
Website: www.thenewsletterplugin.com
Services: subscription sale of email plug-ins
Purchase: the onerous purchase of the aforementioned Service from the day the purchase is concluded
Order: the purchase proposal made by the User through the procedures of the Website and in particular through the Shopping Cart.
Shopping Cart: the phase of the purchase procedure in which the User formulates their purchase proposal, selecting the payment method
Material: all the material present on the platform
Customer: any person who purchases the Service sold through the Site
Consumer: the natural person who acts for purposes unrelated to professional or entrepreneurial activity
Professional: any person acting for professional or entrepreneurial purposes
User: any person who has access to the Website
Site: The term “site” refers to both standalone websites and child sites within a WordPress multisite setup
ART. 2 SUBJECT MATTER OF THE CONTRACT
These Terms and Conditions of Sale concern the Services referred to in the following article and are valid between Provider and any User making a purchase on the Website, they establish the conditions of use of the Website. Any tolerance on the part of Provider to behaviour that is in breach of the provisions of these conditions does not constitute a waiver of the rights to which that party is entitled under them. Should any of the conditions prove to be null and void or ineffective, any such nullity or ineffectiveness shall not extend to the remaining contractual clauses.
ART. 3 DESCRIPTION OF SERVICES
The Services offered by the Supplier at the Customer’s choice may include:
1) Free access
The Customer, after opening an account, can access the available services free of charge that enable the activation of additional components;
2) Licenses
The Customer can purchase various types of licenses from those offered by the Supplier against payment based on the number of sites and/or the number of functionalities included. Access to one-year premium support is provided. On the website there is all the information documentation at https://www.thenewsletterplugin.com/documentation/ and Video tutorials to explain the functionality. For the duration of the license, the customer receives updates and access to support for those license plans that provide for this. Upon expiry and without the Customer having purchased the service again, the software purchased and installed on the Customer’s site will continue to function but the Customer will no longer be entitled to support and updates. If the Customer’s software installation environment is found to be unsuitable the Supplier will endeavour to resolve the problem as soon as possible.
The license permits use on a specified number of sites – depending on the type of license purchased – which includes individual websites or sub-sites within a multisite network. Use on development or testing environments is allowed. However, sharing or distributing the license key is strictly prohibited, and the license holder will be held responsible if the code is disclosed or misused.
For the sole purpose of ensuring proper license usage, the installation of Professional addons may be tracked and stored on our servers.
3) “Professional setup” service
The Supplier offers a one-off service called “Professional setup” by which the Supplier offers a configuration service on the Customer’s site and includes all the services described in the website tab
ART. 4 DURATION OF THE SERVICE
The duration of the individual Licences is indicated on the website and upon expiry there is no renewal unless otherwise provided for on the website itself. Before the expiry of the purchased license, the Customer will receive three reminders to purchase the Service again.
The duration of the “Professional Setup” Service is equal to the time required to perform the Service itself.
ART. 5 PRICES
The price of the Services is displayed on the Website in euros and/or USD. The Supplier reserves the right to change the price at any time, without prior notice, it being understood that the price charged to the User will be the one indicated on the website at the time the order is placed and that any variations (upwards or downwards) following the transmission of the order will not be taken into account.
ART. 6 REGISTRATION PROCEDURES
In order to be able to use the Service either free of charge or against payment, the User must carry out a special registration through which he must enter his personal data. At the time of purchase, without having previously created an account, an account will be automatically created and an email will be sent to the User with access details. From the user area it is possible to access and modify one’s own data, including the access password, check the Service purchased and its specifications, view the status of one’s orders. The User is responsible for the truthfulness and correctness of his data. It is forbidden to give false personal details or to engage in any conduct likely to create confusion as to the User’s personal identity. By way of example, this prohibition includes the use of untrue or other personal details.
At the time of registration and at the time of data entry, the User warrants that:
– to be of legal age and legally capable
– comply with all legal and contractual regulations applicable to these Terms and Conditions;
– that he/she is the legitimate owner of the data entered, which shall be considered true, correct and up-to-date.
It is forbidden to use temporary e-mails for registration.
ART. 7 PURCHASE PROCEDURE
The User may purchase all the Services offered for sale by following the purchase procedures set out on the Site itself. After having read the Terms and Conditions, with particular reference to the procedures for exercising the right of withdrawal and the Privacy Policy, the User must send the Order form. By sending the Order form, the Customer acknowledges and declares his full and unconditional acceptance of the Terms and Conditions, as well as consent to the processing of his Personal Data. The applicable Terms and Conditions are those in force at the time of the Order and can be found on this page of the Website. The Contract between the Supplier and the Customer is concluded with the confirmation of the purchase by the Supplier. Acceptance of the Order will be communicated by the Supplier to the Customer by means of an email, sent to the email address provided when placing the Order. The Supplier reserves the right to evaluate the acceptance of the orders received and may refuse or in any case not process purchase orders that are incomplete or incorrect. The Supplier will inform the Customer of any impossibility to accept the orders received in the shortest possible time from the moment in which the Customer has transmitted the Order and will refund any sums already paid by the Customer for payment of the Services. Any right of the Customer to damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the Supplier’s non-acceptance, even partial, of an Order, is excluded.
Upon renewal of your license, the terms and conditions in effect at the time of the renewal order will apply, rather than those from the initial purchase. By proceeding with the renewal, you agree to be bound by these updated terms and conditions.
Art. 8 METHODS OF PAYMENT
For payment, the Supplier uses the payment gateway service offered by Taxamo.
The payment method provided is:
1) PayPal
At the time of payment, the User’s browser will be directed to a secure server page with SSL encryption by entering his username and password. In this way, only PayPal will be in possession of the User’s data, which will not be visible to the Supplier in any way. The amount of the order is debited from the PayPal account when the order is taken.
2) Stripe
The Customer can pay for their Order via the Stripe platform, which allows them to make and receive payments by rechargeable card or credit card of various indicated and supported circuits.
ART. 9 INTELLECTUAL AND INDUSTRIAL PROPERTY
All the licences and all the contents of the Website are protected and safeguarded by the current regulations on copyright and industrial and intellectual property. All intellectual property rights relating to the Licences are the exclusive property of the Supplier, and are granted under a non-exclusive licence to the Customer. Therefore, the Customer may not reproduce, duplicate, copy and redistribute, transfer or otherwise make available the Supplier’s Licences to third parties for any reason whatsoever. All rights not expressly granted are reserved. Any behaviour contrary to these Terms and Conditions on the part of the Customer shall entitle the Supplier to exclude the Customer from the Service immediately and to take appropriate action.
ART.10 CUSTOMER OBLIGATIONS
When creating his profile and filling in the Form, the Customer undertakes to provide his personal data correctly and truthfully.
The Customer undertakes to keep the authentication credentials required to access his reserved area with the required diligence.
All Users must use the site in strict compliance with these Terms and Conditions and, in particular, it is forbidden to use the site or its contents
(a) for any unlawful purpose;
(b) solicit others to perform or participate in unlawful acts;
(c) violate any international, federal, provincial or state regulation, rule, law or ordinance;
(d) violate or infringe the intellectual property rights or intellectual property rights of others and/or the Supplier;
(e) harass, abuse, insult, damage, defame, slander, denigrate, intimidate or discriminate on the basis of sex, sexual orientation, religion, ethnicity, race, age, national origin or disability;
(f) provide false or misleading information;
(g) upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service or any related websites, other websites or the Internet; (h) to collect or track personal information about others;
(i) for spamming, phishing, pharm, pretexting, spidering, scanning or scraping;
(j) for any obscene or immoral purpose;
(k) to interfere with or circumvent the security features of the Service or any related websites, other websites or the Internet.
ART. 11 WITHDRAWAL
The Consumer-Client may exercise the right of withdrawal within 14 days from the date of his purchase. In order to exercise this right within 14 working days from the date of purchase, it is sufficient to inform the Supplier of the intention to withdraw from the purchase by means of the specific refund form on the website. The Supplier undertakes to pay the amount due by way of reimbursement within 14 days from receipt of the communication. The Consumer Customer acknowledges and expressly accepts that in case of purchase of the Professional Setup Service, the service is immediately performed, before the expiry of 14 days from the date of its purchase and therefore he will not be able to exercise the aforementioned withdrawal pursuant to Article 59 of Legislative Decree no. 206 of 2005.
Professional customers are not granted the right of withdrawal.
ART. 12 CONVENTIONAL WARRANTY
In the event that only the Consumer-Client is not satisfied with the purchased Service, he may, for 30 days from the date of purchase, request a refund in the same manner as provided for in Article 11. This guarantee does not include the Professional Setup service.
ART. 13 LEGAL WARRANTY
Pursuant to art. 135-octies et seq., in case of receipt of Products/Digital Services that do not comply with the orders or are defective, the Consumer Customer has the right to a legal guarantee of 24 (twenty-four) months. In the event of receipt of non-conforming or defective Products/Services, the Customer must notify the Vendor by e-mail, specifying whether he wishes to have the Product replaced/repaired or whether he wishes to have the price of the Product reduced. Beyond this deadline, the Vendor shall not be liable for any lack of conformity found by the Consumer.
The Professional Customer does not have the right to the legal guarantee of conformity but only the legal guarantee provided for by the Civil Code, whereby in the event of defects in the Products sold that make them unsuitable for use or that are such as to appreciably reduce their value, the same may request a reduction in price or termination of the sale in the cases provided for by the Civil Code and to this end must notify the Seller of the presence of the defect within 8 (eight) days of its discovery, and in any case within 1 (one) year from delivery.
ART. 14 USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
The User and/or Customer may comment or leave feedback within the website. The Provider has no obligation to keep comments confidential or to respond to any comments.
The User and/or Client in his/her comments undertakes to:
(a) not to violate any rights of third parties, including copyright, trademark, privacy, personality or other personal or property rights
(b) not disseminate defamatory or otherwise unlawful, offensive or obscene material, or contain computer viruses or other malware that could in any way affect the operation of the Service or any related website.
ART. 15 FORCE MAJEURE
The Supplier assumes no responsibility for inefficiencies attributable to force majeure that prevent, in whole or in part, the execution of the contract in the time provided. The Supplier shall not be liable to the Customers for any damages, losses and costs incurred as a result of the non-execution or delayed execution of the contract, the Customer being entitled only to a refund of the price paid.
ART. 16 EXCLUSION OF LIABILITY
The Supplier’s liability is understood to be within the limits of the obligations undertaken in these Terms and Conditions and of the sum paid at the time of purchase;
The Provider is not responsible for the behaviour of Users and the information they share;
The User warrants that he/she will use the website in accordance with the conditions and for the Services established and offered by Provider, excluding any use that is intended for illegal purposes or contrary to the provisions of these Terms and Conditions of Use and in any way that could damage it, make it unusable, overload it or deteriorate it or interfere with the use of it by other Users;
The Provider shall not be liable to Users or any person directly or indirectly connected to them for any delay, inefficiency or suspension of the Service;
Provider shall not be liable for any increase or failure to increase business from the User’s business, for any failure to achieve the desired results from investments and costs incurred and for any damage resulting from the Services offered;
The Provider is not responsible for omissions or errors that may be contained in the materials, nor is it responsible for any infringement of the rights of others and for any damage, including indirect, consequential or other damage of any kind, including resulting from loss of the right of use, loss of information or loss of earnings, or resulting from breach of contract, negligence or other tortious action, arising out of or in any way connected with the use of or information contained in the site.
ART. 17 FAILURE TO EXERCISE A RIGHT
The Supplier’s failure to exercise a right does not constitute a waiver of its right to take action against the Customer or any third party for breach of its obligations. The Supplier, therefore, reserves the right to enforce its rights in any case, within the terms granted.
ART. 18 APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are entirely governed by Italian law. Any dispute that may arise in relation to the validity, interpretation, execution and termination of the contracts stipulated online by the Consumer-Client with the Supplier shall fall under the exclusive jurisdiction of the Court of the place of residence of the Consumer (so-called consumer’s court). In the case of Professional Customer, the territorial jurisdiction is exclusively that of the Court of Vicenza.
ART. 19 PROCESSING OF PERSONAL DATA
The Personal Data provided or acquired will be subject to processing based on principles of correctness, lawfulness, transparency and protection of confidentiality in accordance with current regulations. The Supplier, as Data Controller, processes the Personal Data of the Users by adopting appropriate security measures aimed at preventing unauthorised access, disclosure, modification or destruction of Personal Data. The Processing is carried out by means of computer and/or telematic tools, with organisational methods and logics strictly related to the indicated purposes. The User’s Data are collected for the execution of pre-contractual measures; to fulfil the obligations deriving from the stipulated contract; for the registration procedure aimed at the purchase of Services; to follow up on specific requests made to the Data Controller by the User; to send promotional and commercial information and offers also through the newsletter service based on the consent freely expressed by the User; for soft spam purposes for promotional communications concerning the purchased Services without the need for the express and prior consent of the User, as provided for by art. 130, 4 paragraph, Privacy Code as amended by Legislative Decree no. 101 of 2018. The Customer is therefore invited to carefully read the information on the processing of personal data (Privacy Policy) made pursuant to EU Regulation 679/2016, as well as on the use of cookies with the relevant consent to processing where required (Cookie Policy).
ART. 20 DISPUTE RESOLUTION
According to Article 49 paragraph 1 letter V of Legislative Decree no. 206/2005 (Consumer Code), the Consumer Customer may make use of the Joint Conciliation Procedure (ADR). Pursuant to Article 14 of Regulation 524/2013, in the event of a dispute, the Consumer-Client may lodge a complaint through the European Union’s ODR platform. For further information, please contact the Supplier.
ART.21 DATA PROCESSING AS DATA CONTROLLER
In the event of the purchase of services or the opening of service tickets involving the processing of personal data by the Supplier, the Customer, in its capacity as Data Controller, appoints the Supplier as Data Processor, with a detailed description of the tasks and obligations to which it will be subject by virtue of this role, as follows. This appointment as Data Processor and the relevant clauses shall have the same duration as that of the contract entered into between the Data Controller and the Supplier. The appointment and this contract shall automatically cease to have effect in case of termination, withdrawal or loss of effectiveness of the Contract, except for the time necessary to allow the Controller to recover the Personal Data if contractually agreed between the Parties. The Data processed by the Data Processor on behalf of the Data Controller in relation to the services chosen by the Data Controller are: Common Data such as, but not limited to, Personal Data (first name, last name), Contact Data (telephone number, e-mail address, physical address) Internet browsing data (cookies, log, IP address). The categories of persons concerned by the Processing may be: newsletter subscribers, website users, who are entitled to exercise the provisions of the privacy regulations in accordance with the provisions of the Regulations and the provisions in force having the force of law. By virtue of this appointment, the Supplier is authorised exclusively to the Processing of Personal Data to the extent and within the limits necessary for the performance of the activities assigned to it. In particular a) the Data Processor declares to be aware of all the obligations incumbent on the Data Controller and undertakes to respect and allow any prerogative, obligation, burden and right deriving from such legal position; b) the Data Processor declares to be available to demonstrate, at any time, that it can offer sufficient guarantees to implement adequate technical and organisational measures so that the Processing meets the requirements of the above-mentioned regulation and to guarantee the protection of the rights of the data subjects c) the Data Processor guarantees to have the structural, technical and organisational capacity to ensure on a permanent basis the confidentiality, integrity and availability of the processing systems and services; d) the Data Processor undertakes to adopt all the measures required by art. 32 of the Regulation; e) in the event of a Data breach, such as to present a risk for the fundamental rights and freedoms of individuals, the Data Processor declares to be aware of the obligations incumbent on the Data Controller under Article 33 of the Regulation. Consequently, he/she undertakes to communicate any relevant circumstance and data, without undue delay, after having become aware of the breach to the Data Controller; f) the Data Processor undertakes to allow the Data Controller to carry out checks on the correctness, lawfulness of the processing performed. The Data Processor undertakes to offer any support necessary for such verification activities by promptly replying to information and clarifications and providing all the documentation requested by the Data Controller; g) in the event of termination of this assignment, the Data Processor undertakes to delete or return to the Data Controller all the data in its possession for the performance of the relevant contract, except for the storage obligations provided for by law. The Data Controller authorises the Data Processor to use Sub-Processors to delegate specific Processing activities, in compliance with the same contractual obligations that bind the Data Controller and the Processor. The Data Processor shall be liable for the actions of the Sub-Processors also before the Controller, unless he proves that the event is in no way attributable to him and that he supervised the actions of the Sub-Processors. The Data Processor undertakes to enter into specific contracts with the Sub-Manager in order to describe the tasks entrusted to him/her and to impose on him/her any and all obligations imposed on him/her by the Data Controller. In case of appointment/modification of a Sub-Processor, the Processor shall promptly inform the Controller in writing before making the aforementioned changes concerning the addition or replacement of other Processors, thus giving the Controller the opportunity to object within the following 7 days. Failure to object shall result in the tacit acceptance of the new Manager or Sub-Manager.
ART. 22 COMMUNICATIONS
For further information of any kind, it is possible to contact the Supplier by e-mail at the following address: info@thenewsletterplugin.com.
Pursuant to Articles 1341 and 1342 of the Civil Code, the User declares that he/she has carefully read and expressly accepts all the clauses of these Terms and Conditions of Sale and in particular those of Articles 3, 4, 7, 9, 10, 11, 13, 14, 15, 16 and 18.
Updated on November 7, 2024