General conditions of service Flottaweb
- “Grantor” means Sistemisoft s.r.l., headquartered in Sora (FR), Via Marcello Lucarelli, No. 1, ZIP Code 03039, Frosinone Business Register No. and VAT No.: 02488760600;
- “Contractor” means the natural or legal person who has joined via the Internet to the Contract by requesting the provision of the Flottaweb service;
- “Satellite control unit” means the electronic device installed in the vehicle and equipped with a GPS satellite receiver and a GPRS modem for sending data over a terrestrial cellular network;
- “Contractual relationship” means the continuous period of time during which this contract is valid;
- for “Server” means a computer that automatically performs the functions of the operations center.
The object of this contract is the provision by the Grantor of web-based geo-location service on vehicles having the satellite control unit installed. The contract shall be deemed concluded upon completion of the online Purchase procedure for the Flottaweb service, which consists of the following steps: selection by the Contractor of the service to be purchased; communication of billing and shipping information for the goods; choice of payment method; order confirmation with express acceptance by the Contractor of these Terms and Conditions; and communication by the Grantor via e-mail to the address indicated by the Contractor of the acceptance and confirmation of the order.The Grantor reserves the right to accept or not to accept the purchase request submitted by the Contractor.
The monthly fee for the service is agreed upon per satellite control unit installed as indicated for the chosen package.
METHOD OF PAYMENT
The Contractor agrees to make payment of fees through Sepa Direct by debiting the Contractor’s bank account at thirty days (DD 30) invoice date.
DURATION AND RENEWAL
- This contract is for a minimum term of twenty-four months (MM 24) from the time it is signed.
- After the twenty-four months (MM 24) minimum contract term has elapsed, either party may terminate the contract with at least one month’s notice (MM 1) by registered letter with return receipt, failing which, this contract shall be deemed renewed under the same conditions.
Installation is the responsibility of the Contractor. The unauthorized movement and/or installation of hardware components in areas of the vehicle other than those established is the responsibility of the Contractor. Therefore, the Grantor disclaims any liability for malfunction of hardware components attributable to differing installation from that suggested, according to the installation instructions that will be provided during installation.
PROHIBITION ON THE TRANSFER OF SOFTWARE
- The Contractor agrees not to transfer to third parties the Grantor’s software installed both on its own vehicles and on the Server.
- In the event of non-compliance with the obligations under this article, the Grantor’s right to seek termination of this contract in addition to compensation for damages shall not be affected.
The Grantor warrants its software, delivered in the latest available version and free from defects or malfunctions known to it, and warrants that the same conforms to technical and security specifications.
- Remote support service is included in the monthly fee.
- The Grantor undertakes to perform all services in a workmanlike manner, in compliance with applicable regulations and in accordance with the conditions, terms, and requirements contained in this contract. To exercise assistance, the Contractor should contact the Grantor by e-mail at the following address “firstname.lastname@example.org.”
- The Grantor is obliged to keep confidential the information and data, including those passing through the data processing equipment, of which it comes into possession or otherwise has knowledge, not to disclose them in any way or form, and not to make them the subject of use for any purpose other than those strictly necessary for the performance of this contract.
- The Grantor is responsible for exact compliance with the aforementioned secrecy obligations by its employees, consultants and contractors, as well as by its subcontractors, if any, and their employees, consultants and contractors.
- The Grantor also undertakes to comply with the provisions of Leg. June 30, 2003 no. 196 on personal data protection.
- The Grantor shall not be liable in any way for the consequences due to computer hacking and/or theft from its server of Contractor’s data; of any loss of data deposited on its servers also due to technical causes attributable to the equipment itself; for problems on the telephone, power, and global and national network lines, such as failures, overloads, outages, etc.
- The Contractor releases the Grantor from any liability in case of complaints, lawsuits, governmental or administrative actions, losses or damages (including legal costs and fees), arising from the Contractor’s illegal use of the purchased services; therefore, the civil and criminal liability of the information obtained through the service offered by the Grantor and published by the Contractor shall be the sole responsibility of the Contractor.
- It is strictly forbidden to use the services offered by the Grantor for illicit purposes.
- The Granting Party is not responsible for failures attributable to exceptional events and natural disasters, which prevent it from providing the agreed service.
- The Grantor reserves the right to be able to update the on-board software of the ECUs installed on the vehicles.
- The Grantor reserves the right to be able to temporarily discontinue the use of services on the website for software upgrades upon prior notice.
- The Contractor, upon entering into this contract, undertakes to appoint a responsible contact person, who will have direct contact with the Grantor, in order to manage and organize any work required for the adjustment and arrangement of hardware equipment already installed or to be installed on the vehicles owned by the Contractor himself and arrange whatever is necessary for the execution of this relationship; in the absence of appointment, the Contractor himself in the person of his legal representative will be considered the contact person.
TERMINATION OF CONTRACT
- Failure to pay the fee will result, after fifteen days (GG 15) from the due date for payment, in the suspension of the service without notice. After a further fifteen days (GG 15) have elapsed without payment of the fee, the Grantor is authorized to proceed to terminate the contract and initiate debt collection proceedings.
- Pursuant to and in accordance with Article 1456 of the Civil Code, the Grantor is required to send written notice to the Contractor by registered mail A.R.c. The possible invalidity of one or more clauses of this contract shall not result in the invalidity of the remaining clauses.
For any dispute concerning the interpretation, application or execution of this agreement, the Court of Cassino (FR) shall have exclusive jurisdiction.
The parties declare that this unauthenticated private writing is subject to registration only in case of use ( Art. 1, lett.b Tariff, Part Two, D.P.R. 26.4.1986 n. 131), as the provisions therein are related to provision of services subject to VAT ( Art. 5, co.2, D.P.R. no. 131/86), as well as only in that case it is subject to stamp duty, since it is a deed for which the relative payment is not expressly provided for from the origin ( Art. 50 Tariff, Part Two, D.P.R. 26.X.1972 no. 642).
- The Grantor shall not be liable for inefficiencies caused by malfunction of the terrestrial cellular network with GPRS technology, which is necessary for data transport, and, in particular, for inefficiencies voluntarily caused by third parties for unlawful purposes.
- All data traffic, generated by the SIM installed in the satellite unit, is included in the monthly fee.
The geographic maps, provided with this contract, consist of royalty free geographic layers.
CONSENT TO THE PROCESSING OF PERSONAL DATA
Pursuant to the provisions of the aforementioned Legislative Decree. n. 196/2003, the parties declare that they have informed each other prior to the signing of this contract about the manner and purpose of the processing of personal data, which will be carried out for the execution of this contract. The parties hereby declare that the personal data provided herein are accurate and correspond to the truth, releasing each other from any liability whatsoever for material errors in compilation or for errors resulting from the inaccurate imputation of such data in the electronic and paper files. Processing will be based on the principles of fairness, lawfulness and transparency and in compliance with security measures. By signing this deed, the parties declare that they have communicated to each other all the information required by Art. 13 of the same legislation, including those relating to the names of the data controller and data processor and the procedures for exercising the rights of the data subject provided for in Art. 7 of the same Legislative Decree No. 196/2003. The Contractor declares that he/she consents to the processing of personal data by the Granting Company, pursuant always to the aforementioned D. Lgs. No. 196/2003, for purposes related to the execution of this Contract.
COMMODITY OF USE.
- The satellite control unit is provided to the Contractor on a free loan basis.
- In the event of theft and/or failure of the satellite control unit caused by the Contractor, including as a result of an intervention not authorized by the Grantor, or in any other case in which the availability of the satellite equipment is lost, the Contractor shall indemnify the amount of Euro one hundred/00 (€ 100.00) + vat for each satellite control unit.
- At the end of the term of the contract or in case of early termination, the Contractor is obliged to return the satellite control unit in the same state in which it was taken over, subject to ordinary wear and tear. The Contractor is obliged to return the satellite control unit within fifteen days (DD 15) from the termination of the contract, under penalty of a charge of Euro one hundred/00 (€ 100.00) + VAT for each satellite control unit not returned within the aforementioned term.
- Deinstallation of the satellite control unit is the responsibility of the Contractor.
- The Contractor releases the Grantor from any and all liability for damages resulting from the failure or imperfect operation of the equipment and waives any action for that reason against it, except for the right of recourse against the manufacturer or firm with marketing authority.
EXPRESS APPROVAL OF CONTRACTUAL CLAUSES