GENERAL TERMS AND CONDITIONS OF SERVER24 (“GTC”)
1 – SERVICES AND CONCLUSION OF AGREEMENTS
These General Conditions of Service (“GCS”), together with the additional terms and conditions contained in the Service Orders (“SO”), regulate the supply to customers (“Customer/s”) of the services offered by INCUBATEC GmbH – Srl, with registered office in Ortisei, Via Scurciàstr. 36, VAT Registration no. IT 02283140214 (“Server24”). The agreements between Server24 and the Customer in regard to the individual Services are considered concluded at the time Server24 receives payment of the Consideration for the Services. In the event of a conflict between these General Conditions and the individual SO, the latter will prevail.
2 – TERM AND RIGHT OF WITHDRAWAL
These GCS have an indefinite term, unlike the agreements for the individual Services, whose term will be indicated in the relative SO.
SPECIAL NOTICE FOR CONSUMERS: Any Customer who is a natural person and requests a service for purposes other than his/her professional activity (“Consumer”), will be entitled to withdraw freely, without having to state a reason, from the General Conditions of Contract and the individual Service Orders, within fourteen business days of the respective contract being concluded, under the terms and for the purposes of article 52 of the Codice del Consumo (Consumer Code). Withdrawal may be exercised by the Customer, in accordance with article 54(1) of the Consumer Code, using the withdrawal form in appendix I, part B, of the Consumer Code or submitting any other explicit declaration of his/her intention to withdraw from the contract, to be sent, by registered letter with advice of receipt, to INCUBATEC GmbH – Srl, Server24 Division, Via Scurcià 36, 39046 Ortisei (BZ), before the expiry of the withdrawal period. The information on exercising the right of withdrawal provided to the Customer by Server24 can be viewed at the end of this document. The burden of proof regarding correct exercise of the right of withdrawal, according to the aforestated procedure, will lie with the Customer. Following the proper exercise of the right of withdrawal by the Customer, Server24 will, in accordance with article 56(1) of the Consumer Code, within the subsequent 14 days, refund him/her the amounts received from him/her, including delivery costs, if incurred. Server24 will pay the refund using the same means of payment used by the Customer for the initial transaction, unless otherwise agreed with the Customer and provided that the Customer does not have to incur any cost as a consequence of using the different means of payment. Server24 will not be required to reimburse delivery costs if the Customer has expressly chosen a different and more costly form of delivery than the one offered by Server24. It is understood that Server24 may withhold the refund until it has received the goods or until the Customer has demonstrated that he/she has returned the goods, whichever situation occurs first. Unless Server24 collects the goods directly, the Customer will be required to return the goods without undue delay and in any case within 14 days of the date on which he/she informed Server24 of his/her decision to withdraw from these GCS or an SO. The respective shipping costs will be borne by the Customer, unless Server24 failed to inform the Customer of this at the time the contract was concluded.
EXCEPTION TO THE RIGHT OF WITHDRAWAL:
It is in any case understood that, with regard to the provision of services, the right of withdrawal will not be exercisable by the Customer after the full provision of the service, as indicated below, by Server244 if the supply itself began with the express agreement of the Customer and the latter agreed to forfeit the right of withdrawal following full performance of the service by Server24. By way of example and without limitation, the Customer acknowledges that starting a domain name registration procedure, activating e-mail accounts, as well as any other service in which Server24 has made a request to the various relevant Authorities and/or third party suppliers, is equivalent to a “full provision of service” pursuant to article 59(1)(a) of Legislative Decree 206/2005. The full text of the Consumer Code, updated to include the amendments introduced by Legislative Decree 21/2014, can be viewed at http://www.altalex.com/index.php?idnot=66790 . The Customer agrees that withdrawal from these GCS will have no effect if a contractual relationship exists between the Customer and Server24 relating to an SO, the content of which, in the event of a conflict, will prevail over these general conditions of contract. Therefore, if the Customer should wish to withdraw from these GCS, he/she must previously or simultaneously withdraw, where possible, from any SOs existing at the time the withdrawal is notified.
3 – REQUEST FOR SERVICES ON BEHALF OF OTHERS
If a request is made on behalf of others (end customers) by the Customer (or, for the purposes of this article, the Reseller) who offers, even for free, Server24 services, the Customer he/she/itself shall comply with the following conditions: a) the Reseller undertakes to ensure that end Customers approve and respect the duties set out in these GCS as well as those stated in the individual SOs relating to the requested services, in addition to respecting and ensuring that its Customers respect the Icann policies relating to the TLDs under the responsibility of Icann itself and the various rules imposed by the authorities that regulate the different ccTLD and gTLD extensions. For domain name registration requests, the Reseller undertakes to disclose and enforce compliance with the Registration rules and technical procedures as well. Furthermore, the Reseller undertakes to disclose to and enforce compliance by the end customer with the obligations envisaged in Article 7 of this agreement. However, the Reseller remains the sole party liable towards Server24 for the consequences referred to in article 7, with the burden of obtaining any redress from the end Customer resting with the Reseller. b) the Reseller hereby undertakes and guarantees that the end Customers will sign an appropriate contract in relation to each Order. The Customer hereby warrants and represents that the Orders will not violate these GCS, the individual SOs and the rights of third parties. In particular, where a request is made to register a domain name, the request will relate to Domain Names to which the end Customer has expressly declared it owns all rights and will indemnify Server24 against any legal action that may arise from the Customer’s illegal conduct. In this event, the Customer will not be entitled to any refund for the services rendered in violation of legal provisions or third party rights. c) The Reseller undertakes to update both its own data and those of its end customers, promptly notifying Server24 of any possible update. d) the Reseller undertakes to guarantee compliance with privacy laws and to provide disclosure thereof to the Customer and obtain his/her consent to the data being processed if required by law, including in respect of the data the latter is required to communicate to Server24 and to the respective Authorities in order to supply the service requested. e) The Reseller undertakes to send to its own customer every service notice that Server24 decides to communicate. The Reseller will be directly responsible towards the end Customer, and towards Server24, in the event of a failure to send the information stated in this clause promptly. In the cases required by the Registration Authority and expressly requested by it, Server24 may contact end Customers directly to send information. It is hereby stated that this information will not be of a commercial nature. The Reseller warrants that the purchases made on behalf of others who are end customers or, regardless, all the activities performed by the Reseller on behalf of the end customers shall be performed solely and exclusively after the end customer has granted a mandate for purchase of the service. The Reseller will be the sole party responsible, and undertakes therefore to indemnify Server24, for any consequence arising from the purchase of Server24 services and/or products not authorised by the third party. The Reseller assumes all responsibility for the Orders submitted to Server24 and undertakes to hold harmless and indemnify Server24, the other companies in the INCUBATEC Group and Server24 auxiliaries, against any third party claim related and connected to the execution of the Contract and/or the violation by the Reseller or the Owner of the obligations, representations and warranties in this contract.
4 – TRIAL SERVICES
Server24 may offer its services to the Customer on a trial basis for the duration and by the method stated on the Server24 website and/or in the control panel. Depending on the services offered and at its discretion, at the time of purchase of the services, Server24 may or may not request the Customer’s credit card details as a means of paying for the services at the end of the trial period. The credit card data will be stored for the management of subsequent payments by a PCI-DSS certified Acquirer Company, which will perform the service on behalf of Server24. AS OF THE END OF THE TRIAL PERIOD, THEREFORE, THE SERVICE WILL BE CONSIDERED TO HAVE BEEN PURCHASED BY THE CUSTOMER FOR A PERIOD OF ONE YEAR OR FOR ANY OTHER PERIOD STATED IN THE SOs RELATING TO THE INDIVIDUAL SERVICES IN CASES WHERE THE CUSTOMER, FOLLOWING A REQUEST MADE BY Server24, HAS PROVIDED HIS/HER CREDIT CARD DETAILS, STATING HIS/HER INTEREST IN BUYING THE SERVICE AND HAS NOT INFORMED Server24 OF HIS/HER CHANGE OF MIND BEFORE THE EXPIRY OF THE TRIAL PERIOD. In this case, as of the date of expiry of the trial period, through the acquirer company, Server24 will charge the amount due for the purchase of the service to the Customer’s credit card. However, in cases where Server24 did not ask the Customer for his/her credit card details at the time of purchase of the trial service, the trial service will be considered to have expired at the end of the trial period and the Customer will be able to purchase the service definitively for a period of one year, once more stating his/her willingness to do so. It is understood that, where a trial service is purchased, the Customer will be required always and in any case to respect the conditions set by the SOs for the individual services.
5 – REGISTRATION PROCEDURE – USER ID AND PASSWORD
In completing the registration procedures for the Services, the Customer undertakes to comply with the instructions on the Server24 website and to supply his or her personal data correctly and truthfully. Given that the service registration procedure can only be completed over the Internet, the Customer, as indicated on Server24 website, will be free to decide whether to communicate his/her data over the phone to an Operator rather than via the Internet. In this case, the Customer undertakes to comply with the operator’s instructions and with the procedure shown on the Server24 website. After having supplied the data to the operator by telephone, the Customer will have access to a web page hosted on a secure server. This will show the data supplied and entered by the operator, which the Customer will check before confirming the registration. The confirmation must be communicated to Server24 within 10 calendar days, after which, if no confirmation is received, Server24 will be relieved of any commitment to the Customer. Confirmation will exempt Server24 from any liability regarding the data provided by the Customer. In all cases – whether communication is electronic or by telephone – the Customer undertakes to inform Server24 promptly of any changes to the personal data provided at any time. If the Customer communicates inexact or incomplete data, Server24 reserves the right not to activate and/or suspend the service until the Customer rectifies these errors. Server24 also reserves this right in the event that the relevant bodies (e.g. banks or credit card holders) should dispute the payments made by the Customer. When the Customer first requests activation of a Service, Server24 will provide him or her with a User ID and Password. The Customer recognizes that these User ID’s and Passwords constitute the system for validation of Customer access to the Services. The Parties recognize and agree that these User ID’s and Passwords constitute the only adequate means for identifying the Customer when he/she accesses the Services. Therefore, the Customer agrees that all acts performed through use of the aforementioned User ID and Password shall be attributed to him/her and shall be binding on him/her. The Customer recognizes that he/she has sole and exclusive responsibility for the acts performed through use of his/her User ID and Password, and promises to keep them secret, safeguard them with due care and diligence, and not to provide them to others, even on a temporary basis. In any case, the Customer accepts that the computer and/or electronic registrations made by Server24 and/or its suppliers, may be submitted to any competent Authority as evidence and for the purposes of these GCS and that, in particular, the parties may use them to provide evidence in a civil court of the existence of relationships and/or the documents that may be the subject of a dispute.
6 – NATURE OF THE SERVICES – FEES AND PAYMENTS
The nature and type of Services provided to the Customer by Server24 are described in the individual SOs relating to the Services. The Fees for the Services and the terms and conditions for payment of the Fees are those stated in the SOs or in the commercial offers available on the website or brought to the attention of the Customer. Unless otherwise specified, all the Fees are understood to be exclusive of VAT. The Customer is entitled to choose among the various payment methods accepted by Server24 (Paypal, Credit Card, postal order and bank transfer), the details of which are stated on the website at https://www.Server24.eu/cp/. If the Service is set to renew automatically and the Customer has associated it with one of the aforesaid payment methods, in particular if it has been associated with a credit card or a PayPal account, the Customer authorises Server24 to collect the renewal fees, through the purchasing company, using the same payment method stated by the Customer at the time of purchase, unless an express request to change this is made by the Customer on the control panel. The Customer may at any time associate new payment methods and amend the respective data. In order to cancel the PayPal billing agreement, Customers must log in to their personal Paypal account Profile and follow the cancellation procedure on the appropriate page of the Paypal account. If services are renewed automatically, the Customer expressly authorises Server24 to charge the fees for the Services regularly, through the Acquirer Company, based on the renewal intervals established for the individual services and/or as requested by the Customer. The Customer hereby guarantees the availability of the amounts required to make the payments. Following the online payment, Server24 will send a payment invoice to the address stated in the registration. For automatically renewed services, the Customer acknowledges that in case of renewal the list price published and in force on the renewal date will be charged. All the taxes arising from use of the Services by the Customer will be borne exclusively by the latter. In the event of a payment delay, Server24 will be entitled to suspend provision of the Services pursuant to and for the purposes of article 1460 of the Civil Code, and the Customer, without the need for formal notice, will be required to pay default interest at the legal rate plus 5 percentage points, subject to Server24’s right to compensation for any further damages. Server24 reserves the option, subject to communication by means of announcements on the www.Server24.eu website, to send the invoices in electronic form to the email address supplied at the time of purchase. It will therefore be the exclusive responsibility of the Customer to inform Server24 of any change to the email address given.
7 – AMENDMENTS TO THE GCS AND/OR SOs
Server24 reserves the right to amend these GCS and the terms and conditions of SOs at any time, by e-mail notification sent to the Customer at least 30 days in advance, in the following circumstances: 1) changes in technical/economic/contractual conditions imposed by third parties (including, but not limited to, suppliers and commercial partners) and/or resulting from the entry into force of new legislative or regulatory provisions, or the amendment of existing provisions (including the rules imposed by domain name Authorities); 2) need to maintain an adequate level of service; 3) ensuring adequate security standards for the platform; 4) entry into force of new legal provisions; 5) or a change in the price of the services. The Customer agrees that this notification may also be issued by means of a General Notice to Users published on the Server24 Website. In the event of changes that determine a significant reduction in services rendered, or an increase in the price of services, the Customer will be entitled to withdraw from an OS or the CGS applicable at the time, by sending Server24 the respective notification within the same period of 30 days envisaged in the preceding paragraph. If said deadline expires without response, the amendments shall be considered accepted by the Customer and fully binding on him/her.
8 – USE OF THE SERVICES AND CUSTOMER LIABILITY
The Customer undertakes to use the Services with the utmost diligence, respecting the rules of use stated in the SOs and in such a way as to avoid compromising the stability, security and quality of the Services. In case of particular severity and urgency, Server24 reserves the right to suspend or interrupt the supply of the Service, even without prior notice to the Customer, if it should find indications, at its sole discretion and/or following a report made by third parties, that the way in which the Service is being used by the Customer, or by other parties authorised by the Customer, may directly or indirectly cause harm to Server24 or third parties and compromise the stability, security and quality of the Services offered on a shared basis, subject to Server24’s right to compensation for damages. The Customer also undertakes not to use the Services for illicit purposes and not to violate in any way any applicable national and international standards or regulations. The Customer also undertakes to respect the Netiquette rules available at http://www.nic.it/NA/netiquette.txt . In particular, the Customer undertakes not to introduce, nor to allow third parties to introduce, any content that violates privacy, copyright or intellectual property, or is pornographic, blasphemous or offensive, or in any way harms or jeopardises the image of third parties or of Server24. Furthermore, the Customer undertakes not to use the access to the Internet to engage in acts of computer piracy. The Customer warrants that he will not engage in spamming or sending communications by email that are not authorised, requested and/or solicited by the recipients. Server24 reminds Customers that this practice is forbidden by Netiquette rules and by Legislative Decree 196/2003 on data protection. Server24 also emphasizes that it will consider the Customer liable even if the illegal spamming activity is carried out through e-mail addresses other than those acquired from Server24 and also indirectly involves a Server24 Service or directly involves the technical structure of Server24 (e.g. unauthorized promotion of an Internet site hosted at Server24). Subject to the above, Server24 reserves the right to suspend the Service if, at its sole discretion, or further to a report made by third parties, it believes the Customer is engaging in activities that breach the obligations stated in this contract. In this case, the Customer, following an email or other form of notification from Server24, must immediately eliminate the causes of the complaint or provide appropriate documentation demonstrating the full compliance of the activities he performs with current legislation. If no immediate response is forthcoming, Server24 will be entitled to terminate the contract immediately, subject to Server24’s right to receive full payment of the fee and to take action to obtain full compensation for any losses incurred. The Customer recognises that he/she is solely and exclusively responsible for the activities performed through the Service or directly or indirectly attributable to him/her, even in the case where the Customer has signed an SO on behalf of others authorized by him/her to use the Service, and in particular that he/she is responsible for the content and communications that are entered, published, diffused, and transmitted on or through the Services. Server24 cannot be held in any way responsible for any criminal, civil and administrative offences committed by the Customer through the Service. The Customer undertakes to indemnify and, in any case, to hold Server24 harmless against any action, complaint, claim, cost or expense, including reasonable legal expenses, that it may incur owing to a failure by the Customer to respect the obligations assumed and undertakings given in accepting these GCS or with a SO and in any event connected to use of the Services by the Customer. Unless it is expressly agreed that the data backup is to be carried out by Server24, the Customer shall ensure that its data is backed up regularly and in accordance with the risk, but at least once a week, in order to enable the reconstruction of the data in the event of loss. Irrespective of any existing agreement that data backup is to be carried out by Server24, the customer itself is responsible for ensuring that archiving obligations, e.g. of a commercial or tax nature, are complied with. The customer is obliged to create suitable backups of its data hosted by Server24 at regular intervals independently and on its own responsibility.
9 – COMMUNICATIONS BETWEEN THE PARTIES
Unless otherwise expressly stated, the Parties agree to use e-mail to send the notifications required under the terms of these GCS and/or the individual SOs. Notifications will be sent by Server24 to the address stated by the Customer and the latter undertakes to update this address if it changes and to check it every day to ensure they are promptly informed of the notifications sent for their attention.
10 – INTELLECTUAL AND/OR INDUSTRIAL PROPERTY RIGHTS
Server24 remains the sole holder of property rights and rights to economic exploitation of inventions and programs (including software, documentation and written programs, studies, etc.) and whatever else was prepared, realised, or developed by means of the Services acquired through the individual SO by the Customer, who is granted only a limited, non-transferable user right thereof.
11 – LIMITATIONS OF LIABILITY OF SERVER24
Server24 undertakes to use the best technology it is aware of and the best resources available to it to supply the Services that are the subject of the individual SOs The Customer agrees that Server24 will not in any case be held liable in the event of delays or malfunctions in the provision of the Service due to events that are beyond the reasonable control of Server24, such as, for example: (i) acts of God; (ii) events caused by third parties, including any interruption or malfunction of telecommunication and/or power line operator services or actions or omissions of the relevant Registration Authorities; (iii) malfunction of terminals or other communication systems used by the Customer. If the Service is interrupted, Server24 undertakes to restore the Service as quickly as possible. The Customer also agrees that Server24 may not be held liable for acts or omissions committed by the Customer and in conflict with the obligations assumed by the latter pursuant to these GCS or an SO, just as it cannot be held liable for malfunctions deriving from defects in the means necessary for access, improper use thereof, and/or the procedures for access to the service by the Customer or others. Server24 may not under any circumstances be held liable towards the Customer or third parties for loss of profit, loss of earnings, or any other loss or indirect and consequential damages connected with the execution of these GCS or 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
Server24 may terminate these GCS and each individual SO, pursuant to and for the purposes of article 1456 of the Civil Code, in the event of non-compliance by the Customer with the terms of articles 4, 5 and 7 of these GCS, subject and without prejudice to the rights of Server24 to payment of the fees it is owed as of the date of termination and compensation for damages.
13 – APPLICABLE LAW AND COMPETENT COURT
This contract is governed by the laws of the Italian Republic. The Court of Bolzano will have exclusive jurisdiction over any dispute arising from or connected to this Contract or its execution. In the case of contracts drawn up by a Consumer, the Court of the place of domicile or residence of the Customer will have jurisdiction. The Customer is informed that, as an alternative to a judicial dispute, both the Customer and Server24 may avail themselves of the alternative solution of online dispute resolution using the platform set up by EU Regulation 524/2013 of 21 May 2013, accessible at the following address: http://ec.europa.eu/consumers/odr/ (“ADR Platform”), Server24 will be contactable by the body at the following address legal@Server24.eu. The complaint must be accompanied by the information required by the ADR Platform and the Customer and Server24 must agree on the dispute resolution body (“ADR Body”) to which the alternative dispute resolution will be entrusted, on pain of non-admissibility of the dispute. The dispute must be settled within 90 days of receipt by the ADR Body of the complete file from the ADR Platform, unless the ADR Body should determine, for particularly complex matters, that the 90-day term should be extended, at its discretion. The decision of the ADR Body will be binding on the Parties and may not be opposed if the Customer and Server24 give their specific consent in this respect when they state their intention to make use of this alternative dispute resolution tool. The procedural rules and costs of the procedure will be notified by the ADR Body. Unconscionable clauses of the general service conditions: Pursuant to and for the purposes of articles 1341 and 1342 of the Civil Code, I declare that I have read carefully and approve specifically the following clauses of the GCS: (i) art. 2 Term and Right of Withdrawal; (ii) art. 3 Request for services on behalf of others (iii) art. 7 Amendments to the GCS or SOs; (iv) art. 8 Use of the Services and Customer Liability; (v) art. 11 Limitations of Liability of Server24; (vi) art. 12 Express Termination Clause; (vii) art. 13 Applicable Law and Competent Court.
14- PROCESSING OF PERSONAL DATA
With reference to the performance of the Services which envisage the processing of personal data on behalf of the Customer, in the cases that the Customer is the end-user of the Services, the Customer acts as data controller, while Register typically acts as the data processor on behalf of the Customer, in line with the instructions issued by the Customer and detailed in writing in the “Personal Data Processing Agreement for Final Customers of Register Services” in the document “Data Processing Agreement Standard” available at the following webpage https://www.Server24.eu/company/legal/ and to be considered as an integral part of the GCS.
With reference to the performance of the Services which envisage the processing of personal data on behalf of the Customer, where the Customer purchases the Services on behalf of third parties, in order to resell them or not, the Customer typically acts as data processor on behalf of its customers, while Register acts as a sub-processor on behalf of the Customer, in line with the instructions issued by the Customer and detailed in writing in the “Personal Data Processing Agreement for Customers who purchase Register Services on behalf of third parties” “Data Processing Agreement Standard” available at the following webpage https://www.Server24.eu/legal/ and to be considered as an integral part of the GCS .
If the Customer intends to customise the contents of Annex 2 of the “Personal Data Processing Agreement for Final Customers of Register Services“ or of the “Personal Data Processing Agreement for Customers who purchase Register Services on behalf of third parties”, or of both documents where these are jointly applicable, it is possible to download the “Data Processing Agreement Editable Version” at the following webpage https://www.Server24.eu/legal/. In this case, the Customer undertakes to complete and sign the relevant contract (respectively, the “Personal Data Processing Agreement for Final Customers of Register Services”, or “Personal Data Processing Agreement for Clients who request Register’s Services on behalf of third parties”, or both of them, included in the PDF file), and to send it without undue delay to: email@example.com.
RELEVANT INFORMATION FOR CONSUMERS PURSUANT TO ARTICLE 49 OF THE CONSUMER CODE.
This Relevant information applies to the so-called “Consumers” category, as defined in article 3(1)(a) of Legislative Decree 206/2005, and is an integral part of the General Conditions of Service applied by Server24 and of the Service Orders relating to Services purchased remotely or off-premises. The Customer/Consumer is informed of the following:
a. About Server24: INCUBATEC GmbH – Srl is an Italian Limited Liability Company with registered office in Ortisei (BZ), Via Scurcià 36, telephone number: 0471 796829, fax number: 0471 797949, contact e-mail address: info@Server24.eu. Any complaints by surface mail can be addressed to Server24;
b. Services offered: the services offered by Server24 are domain name registration services, hosting services, e-mail and certified e-mail services, supply of platforms for website creation, dedicated server and virtual server service, website protection and website promotion services; the features of each of these services are visible and easily accessible from the Server24 home page;
c. Price of services: the total price of the services, inclusive of taxes and any shipping costs, delivery or postal charges, is easily accessible within each area dedicated to the services;
d. Payment method: the payment methods for purchasing a Server24 service are stated on each Service Order. Server24 generally accepts the following payment methods: 1) credit card and prepaid cards, 2) Paypal; 3) Postepay; 4) postal order; 5) bank transfer;
e. Performance of the service: performance of the service by Server24 begins following receipt of payment from the Customer and is completed as stated in the description of each individual service, as previously mentioned, easily accessible from the home page, and in the individual Service Orders; for some services, such as registration and domain transfers, the time required to complete a service depends on the relevant Registration Authorities;
f. Complaints: Customer complaints, which may be sent to Server24 by surface mail to the following address: Via Scurcià 36, 39046 Ortisei (BZ) and by certified e-mail to the following address firstname.lastname@example.org are handled by Server24 in order of arrival, except for more serious cases, which are handled as a priority over the others. In any case, Server24 offers maximum support to its Customers and on average answers complaints within 3 business days of receipt.
g. Right of withdrawal: Any Customer who is a natural person and requests a service for purposes other than his/her professional activity (‘Consumer’), will be entitled to withdraw freely, without having to state a reason, from the General Conditions of Contract and the individual Service Orders, within fourteen business days of the respective contract being concluded, under the terms and for the purposes of article 52 of the Consumer Code. Withdrawal may be exercised by the Customer, in accordance with article 54(1) of the Consumer Code, using the withdrawal form in appendix I, part B, of the Consumer Code or submitting any other explicit declaration of his/her intention to withdraw from the contract, to be sent, by registered letter with advice of receipt, to INCUBATEC GmbH – Srl, Server24 Division, Via Scurcià 36, 39046 Ortisei (BZ), before the expiry of the withdrawal period. The burden of proof regarding correct exercise of the right of withdrawal, according to the aforestated procedure, will lie with the Customer. Following the proper exercise of the right of withdrawal by the Customer, Server24 will, in accordance with article 56(1) of the Consumer Code, within the subsequent 14 days, refund him/her the amounts received from him/her, including delivery costs, if incurred. Server24 will pay the refund using the same means of payment used by the Customer for the initial transaction, unless otherwise agreed with the Customer and provided that the Customer does not have to incur any cost as a consequence of using the different means of payment. Server24 will not be required to reimburse delivery costs if the Customer has expressly chosen a different and more costly form of delivery than the one offered by Server24. It is understood that Server24 may withhold the refund until it has received the goods or until the Customer has demonstrated that he/she has returned the goods, whichever situation occurs first. Unless Server24 collects the goods directly, the Customer will be required to return the goods without undue delay and in any case within 14 days of the date on which he/she informed Server24 of his/her decision to withdraw from these GCS or an SO. The respective shipping costs will be borne by the Customer, unless Server24 failed to inform the Customer of this at the time the contract was concluded. Exceptions to the right of withdrawal: the right of withdrawal will not be exercisable by the Customer after the full provision of the service, as indicated below, by Server24 if the supply itself began with the express agreement of the Customer and the latter agreed to forfeit the right of withdrawal following full performance of the service by Server24. By way of example and without limitation, the Customer acknowledges that starting a domain name registration procedure, activating e-mail accounts, as well as any other service in which Server24 has made a request to the various relevant Authorities and/or third party suppliers, is equivalent to a “full provision of service” pursuant to article 59(1)(a) of Legislative Decree 206/2005.
h. After-sales support: the after-sales support service is provided via the Request Support channel on the control panel or by calling the number 0471 796829, Monday to Friday, 9.00 a.m. – 6.00 p.m.
i. Duration of the general conditions of contract and the individual service orders: The individual Service Orders are an integral and substantive part of the General Conditions of Contract and establish the terms and conditions of the specific service purchased by the Customer, while the General Conditions of Contract govern the relationship between Server24 and the Customer, regardless of the specific service purchased. The General Conditions of Contract are applicable indefinitely, while the individual Service Orders relating to the individual services purchased by the Customer are valid for one year and are renewable, either automatically or expressly. On his/her control panel, the Customer can change the renewal option from automatic to manual up to 20 days before the renewal date and from manual to automatic up to 30 days before the renewal date. Termination of a Service Order also involves termination of the General Conditions of Contract if the Customer has no other active services on Server24, otherwise the General Conditions of Contract will remain in force until the last service purchased by the Customer expires. Customers cannot withdraw from a Service Order if the contract has been renewed automatically and must therefore await the expiry of the contract. Customers who have chosen the automatic renewal option and subsequently intend to terminate the contract are therefore requested to pay close attention and to remember to change the renewal option on their control panel from automatic to manual, so that on expiry the contract will cease to be effective between Server24 and the Customer.
l. Deposits or other financial guarantees: Customers are not generally asked for deposits or other financial guarantees. If the need for such requests should arise, Server24 will inform Customers promptly through notices on the website and by e-mail.
The conditions were updated on the 3rd of March, 2020. The phone numbers have been updated the 19th of May, 2022. First published on Server24.eu.