Terms of use. TOS - Server managed technical and system assistance

Terms of Use - TOS

Customer acknowledges that Managed Server services are offered by LEAD MAGNET SRL with registered office in Calea Timisorii, 212/2 CAP. 310227 - ARAD - Romania, registered in the chamber of commerce with registration number WHICH: 38864543 REG. ROONRC.J2 / 221/2018 in possession of an authorized VAT / VAT number and duly registered with VIES and intra-European trade EU VAT / TVA: RO40490297 formally qualified as a private limited liability company SRL, underlying European law, (hereinafter only Managed Server) through the internet and therefore in the manner described online, under the following conditions:

1) General Conditions.

1.1 Foreword

These general conditions have as their object the rules for Cloud, Cloud Vps services (from now on only Cloud) and Dedicated Servers offered by Managed Server. Confirmation of the online order on the Managed Server website (specifically in the shop at https://login.managedserver.eu) and the payment of the amount requested constitute full acceptance of the general conditions drawn up and prepared in compliance with the provisions contained in Legislative Decree 206 / 2005 (Consumer Code) and in the Legislative Decree 31 January 2007, n. 7 (Urgent measures for the protection of consumers, the promotion of competition, the development of economic activities and the creation of new businesses). Any additional services other than those established in the offer may be provided only after a specific request by the Customer in a manner to be defined from time to time.

1.2 Characteristics of the service

The Cloud and Dedicated Server services offered by Managed Server, identified on the basis of the type chosen at the order stage, may consist in the provision by the Managed Server of Cloud environments, based on the resources budgeted and selected during the order phase, completely available to the customer; in this regard, the Customer acknowledges and accepts that each VPS has a bandwidth limit agreed at the time of the order which is 1Gbit / s on Cloud solutions and on Dedicated Servers, unless otherwise agreed. The Customer, by signing this contract, accepts the characteristics of the individual packages purchased.

1.3 Additional Services and Options

1.3.1

1.3.1 At the same time as the request for activation of a Cloud Service or Dedicated Server, or after this request, the Customer has the possibility to also purchase Additional Services (Software licenses, Backup, Firewall, Controller Raid etc.), as indicated in the site https: // managed server.it or https://login.managedserver.eu. The Customer also acknowledges and accepts that the Additional Services are provided with the characteristics and functionalities indicated on the ManagedServer.it portal or indicated in the commercial proposal.

1.3.2

The Customer will have installed CentOS 7 or later Linux as an operating system.
The Customer will have the possibility to install one or more applications in a completely autonomous way.
The Customer will be able to manage the service via console, accessible directly through their customer area as well as via SSH (on linux machines)

The Customer also acknowledges and accepts that

  1. the applications made available to you by Managed Server may not be compatible with the other applications already installed by the Customer and / or may not be suitable and suitable for the purpose he intends to pursue with them; therefore, the Customer releases Managed Server from any liability in this regard;
  2. the responsibility for the choice, use and any incompatibility of the applications made available by Managed Server is and remains exclusively the responsibility of the Customer who declares, now by then, to release Managed Server from any responsibility in this regard;
  3. the updates of the applications on the Cloud and Dedicated Servers are the responsibility of the Customer. Managed Server cannot be held responsible in the event of problems on Dedicated solutions (Cloud and Server) due to the failure to apply application updates, the failure and / or incorrect update of the applications themselves by the Customer.
  4. the options, regardless of the date of their activation, have the same duration as the Cloud or Dedicated Server service;
1.3.3

The basic Backup service is included in the service.
The Customer acknowledges and accepts that:

  1. the backup service, regardless of the date of its activation, has the same duration as the service to which it is associated and, therefore, acquires the same expiration date;
  2. the backup service must necessarily be associated with the service, therefore, the Customer may submit any renewal order only if the main service to which it is associated has in turn been renewed.

The backup copies, with the purchase of the Snapshot or Automatic File Backup service, will be configured by default every 24h (if the customer wants customized configurations, he can make them independently or request assistance from the technical department via ticket system) and will be available to the Customer at any time, except for possible technical interruptions of services due to breakdowns, malfunctions or maintenance of the machines and / or software. In this case, the Customer will have nothing to claim by way of compensation and / or compensation for the unavailability and failure to use the backup service.

The Customer acknowledges and accepts that, although the use of the backup service reduces the risk of data loss and makes it easier for the Customer to have a copy of the same available, the possibility that the backup may be incomplete and / or missing, therefore the Customer is in any case also required to periodically and independently make a backup copy of the entire contents of the database. Managed Server will in any case make a backup copy for the Cloud Solutions for internal use.
In any case, any liability of Managed Server is excluded.

1.3.4 Additional Setup Fees and Expenses

The customer acknowledges that some Hosting, VPS, Cloud and dedicated Server solutions may have additional installation costs to the service defined as "one-off". The activation costs go to cover and contribute to the initial setup costs such as the installation of the server, the operating system, the migration of websites or web applications and the optimization of the same.

In some cases, the activation and setup costs are discounted or offered free of charge on half-yearly or annual plans paid in a single solution.

1.3.5 Additional costs and expenses for additional options and features when ordering

The customer acknowledges that the Hosting, VPS, Cloud and Dedicated Server solutions may have additional options to be selected when ordering.
The customer acknowledges that the additional options may have additional costs at the base price of the chosen solution.
All the additional options that will determine a cost will be reported during the purchase phase in the configurator and in the order summary and will be accounted for in the invoice with their additional cost.

1.3.6 Additional costs and expenses for ancillary services

The customer acknowledges that all Hosting, VPS, Cloud and dedicated Server solutions may request accessory services if the customer is unable to satisfy their needs independently or through their own qualified technical personnel. 

All the additional services requested that will determine a cost will be shown in the proforma invoice at the end of the month and to be paid through the payment methods provided.

To protect the customer and the supplier, the prices of the main operations requested are shown below:

WEB site subjected to defacement for hacker attack. € 50
Restore backup DB. € 40
Restore Backup File. € 40
Restore Backup File + Backup DB: 40 €
Production of rules of Rewrite NGINX 20 € or on estimate
Power increase or migration to another instance / Server due to traffic peaks. (Instance cost plus € 50 for migration)
Backup restore on staging systems. € 100
Cloning of systems from production to staging or alignment of the same (sync). € 50
DNS Record Tracking € 10
Switch nameservers with those provided by the customer. € 10
HTTPS installation with Let'S Encrypt and 301 redirect € 20 per site or subdomain
Activation of third level subdomains (€ 10 each)
PageSpeed ​​optimization at the Application level (100 € one-off)
Server instance downgrade (instance cost + € 50 one-off).
Assistance in permalink change and rewrite 301 (€ 50 one-off).
Backup implementation on external systems owned by the customer (100 € one-off)
Report in simple appraisal upon request of judicial authority for hypothetical crime (€ 200 one-off)

The customer accepts that if he requests a ticket operation or support request, Managed Server will be authorized to charge it as an extra cost to any service rental costs.

1.4 Managed Server Modification Power

Managed Server reserves the right to modify the service and vary the conditions of the offer at any time and without notice; in this regard it is understood that the contracts concluded prior to the insertion of the modifications or variations will in any case be accepted and fully respected under the agreed conditions.
The Customer acknowledges and accepts that the Service covered by the Contract is characterized by constantly evolving technology, for these reasons Managed Server reserves the right to better modify the technical economic characteristics of the Service, the tools related to it and to vary the conditions of the Contract at any time, even after its signing, without this giving rise to obligations of any kind for the Customer.

1.5 Managed Server Limitation of Liability

In no case will Managed Server be held responsible for the malfunctioning of the services deriving from causes attributable to telephone lines, electricity and global and national networks, including failures, overloads or interruptions, and in any case for facts dependent on third parties, such as ddos ​​and computer attacks in general. . No compensation for damages can be requested from Managed Server for direct and / or indirect damages caused by the use or non-use of the services purchased. Managed Server cannot be held responsible for non-fulfillment of the services offered resulting from force majeure. The user undertakes to indemnify from all losses, damages, liabilities, costs, charges and expenses including any legal fees that may be incurred or incurred by Managed Server as a result of any breach of the obligations assumed and guarantees given by the user with the signing of this contract or membership form and in any case connected to the entry of information in the space provided by Managed Server, even in the event of compensation for damages claimed by third parties for any reason. The customer releases Managed Server from any civil and criminal liability for the illegal use of the services used by him and his customers.

1.6 Force Majeure, Catastrophic Events and unforeseeable circumstances

Neither party is responsible for failures attributable to ddos ​​and computer attacks in general, fire, explosion, earthquake, volcanic eruptions, landslides, cyclones, storms, floods, hurricanes, avalanches, war, popular uprisings, riots, strikes and a any other unforeseeable and exceptional cause that prevents us from providing the agreed service.

1.7 Suspension of the Service

Managed Server, at its discretion and without the exercise of this right being contested as non-fulfillment or violation of the Agreement, reserves the right to suspend the Service, even without prior notice in the event that:

  1. the Customer defaults or violates even one of the provisions contained in the Contract;
  2. the Customer fails to find, in whole or in part, the Managed Server requests and in any case his behavior is such as to generate the well-founded and reasonable fear that he will default on the Contract or be responsible for one or more violations of its provisions;
  3. there are well-founded reasons to believe that the Service is being used by unauthorized third parties;
  4. there are cases of force majeure or circumstances that, at the sole discretion of Managed Server, require the execution of emergency interventions or related to the resolution of security problems, danger for the entire network and / or for people or things; in this case, the Service will be restored when the Managed Server, at its discretion, has assessed that the causes that led to its suspension / interruption have actually been removed or eliminated;
  5. the Customer is involved, for any reason, in any judicial or even extrajudicial dispute of a civil, criminal or administrative nature and in any case in the event that said dispute relates to acts and conduct carried out through the Service and / or the Virtual infrastructure;
  6. the suspension is requested by the Judicial Authority.
  7. the Customer uses equipment and / or software that are defective or not approved, or that have malfunctions that can cause security problems and / or vulnerabilities of the Service, can damage the integrity of the network and / or disturb the Service and / or create risks for the physical safety of people and things.

In any case of suspension of the Service attributable to the Customer, any action by Managed Server for compensation for damage remains unaffected.
During the suspension of the Service, the Customer will not be able to have access to data and / or information and / or content entered and / or processed by the same in the virtual infrastructure.

2) Duration of the Agreement.

2.1 Conclusion of the Agreement

The contract is finalized only when the Managed Server receives from the Customer the payment of the proforma generated by the system, by sending a receipt of payment of the consideration for the type of service chosen, issued by the Entity identified as competent to carry out the operation, Managed Server will begin to carry out the operations requested by the Customer as of the date of the conclusion of the contract. The contract thus concluded has a duration equal to the period of time selected during the order procedure starting from the day of activation of the service, except as provided for by the following art. 2.3. In the event that the payment is not valid, the service may be deactivated by the Managed Server and / or transferred to another person, leaving the person who ordered the registration with the obligation to pay and interest relating to the delay.

2.2 Expiration / Renewal of the Agreement

This contract is valid for the duration signed when ordering the service (1,3,6,12 months) starting from the date of signing by the CUSTOMER and will be automatically renewed upon expiry. The CUSTOMER's desire to renew the contract is implicit and this Contract will be renewed for the same duration chosen during the activation phase. If MANAGEDSERVER does not receive any communication from the CUSTOMER in relation to the termination of the contract, the contract will be considered renewed.

At the deadline set for the chosen service, this contract will cease to be effective unless renewed by paying the proforma relating to the expected consideration (at the rates applied at the time of renewal); if the service is not renewed before its natural expiration, the system will automatically suspend it after 24 hours from the expiry date and final cancellation after 7 days. In case of payment made within the established terms, the contract will be renewed following its billing cycle. The Customer must also configure the cancellation of the service directly from their customer area, following the procedure described in the FAQ of the Managed Server site at https://login.managedserver.eu. The cancellation can be immediate, and this will involve the direct elimination of all data and configurations and therefore will also make it impossible to restore the same, or the natural expiration of the service.

Furthermore, the Customer acknowledges and accepts that:

  1. As the expiration date approaches, Managed Server reserves the right to send to the reference e-mail accounts and / or the domain e-mail accounts notices of the forthcoming termination of service in the event of non-renewal.

We remind you that Managed Server DOES NOT carry out automatic debits on credit cards or other payment methods for the renewal of services but it must ALWAYS be the customer who renews the service directly from his customer area and pays the proforma generated by the system which will be available in the invoice section.

The Customer acknowledges and accepts that on the expiration date of each Service and in any case, at the end of the Contract for any cause due, the Parties will be automatically free from their respective obligations; the Customer acknowledges and accepts that it is his sole responsibility to obtain and maintain a copy of the data and / or information and / or content processed through the Service (s), it being understood that once the Contract has ended or the Service has expired, such data and / or information and / or contents may no longer be recoverable. In any case, the Customer relieves, now by then, Managed Server from any and all liability for any loss or total or partial damage of data and / or information and / or content entered and / or processed by the Customer through the / i Service / I. Any restoration of the data and / or information and / or content entered and / or processed by the same remains the sole responsibility of the Customer, after reactivating the Service in question, if necessary by concluding a new Contract.

3) Services offered by Managed Server.

The Managed Server services are distributed in the manner and under the conditions in which they are found on the date of the request for activation of the service as published on the Managedserver.it website that the Customer, by accepting these general conditions, explicitly declares to know and accept. Any form of explicit or implicit guarantee is expressly excluded, to the extent that this does not conflict with the regulations in force. It is also specified that neither Managed Server nor any of its licensees, employees, collaborators or agents guarantee the suitability of the service, object of this contract, for any specific function. Managed Server or anyone who participated in the creation and supply of the services in question, cannot be held responsible for any damage (direct or indirect) connected to the use of the services offered or to the interruption of their functioning. It should also be noted that LEAD MAGNET SRL is only responsible for the sale of services on the sites https://managedserver.it and https://managedserver.eu. We decline all responsibility on sites other than the two mentioned above.

4) Obligations of the Customer.

4.1 Obligations relating to the use of the Service

The Customer undertakes to use the Service in accordance with the provisions of the Contract and the institutional site, in compliance with the law, with the current legislation on morality and public order. By way of example but not limited to, the customer undertakes to:

  1. Ensure that any material that he may enter into the network through the services offered by Managed Server, is in its legitimate and complete availability, does not conflict with mandatory rules, does not violate any copyright, trademark, patent or other third party right or Managed Server protected by law or contract. Any material protected by copyright can be placed on the network only if the customer has obtained the rights of use from the actual owner of the relative copyright and reports the source;
  2. Do not use or let third parties use the Managed Server services against morality and public order, in order to disturb public or private peace, to cause offense, or direct or indirect damage to anyone (by way of example but not limited to: the inclusion in the web space of dialers or materials or extracts of material that deal with pornography, pedophilia or racist or fanatical apologies is prohibited);
  3. Keep the access credentials to the services (login and password) in the strictest confidence and not to transfer to third parties
  4. Change your access password at least every three months, indemnifying and holding Managed Server harmless from any liability in the event of legal actions, losses or damages (including legal fees and fees) resulting from failure to observe the provisions regarding the conservation, modification and custody of the these passwords;
  5. Do not carry out acts aimed at violating or attempting to violate the confidentiality of private messages, to damage the integrity of the resources of others or to cause direct or indirect damage to anyone (by way of example but not limited to through pirated software, cracks, key generators, serial software, computer attacks of all types including DOS attacks, viruses or other harmful components);
  6. Not to be an active part in attempts to violate the computer systems and security of the Managed Server or third party networks by means of the service made available by Managed Server that may give rise to civil and / or criminal liability;
  7. not to access the systems, networks and / or information of third parties that have not provided explicit authorization, through scanning / probing techniques, vulnerability tests, attempts to breach security;
  8. Do not create situations of danger and / or instability and / or other problems of a technical nature as a result of programming activities and / or methods of use that impact on the quality of the customer's or other customers' service in such a way as to cause damage to them, to Managed Server and / or to third parties;
  9. Do not use the Managed Server services to contravene or contravene (directly or indirectly) the current Italian legislation;
  10. Do not publish websites containing gambling, online casinos or in any case contents that do not comply with the provisions of law 401/1989 and subsequent amendments and additions, in the absence of the necessary authorizations provided for by current legislation. In this case, the customer is required to send to the provider, before the publication of the aforementioned contents, a copy of the concession, authorization, license or other title of authorization. It is understood that in the event that Managed Server becomes aware of websites or links (hyperlinks) to other websites for which a copy of the aforementioned authorization has not been previously provided, Managed Server reserves the right to suspend the service until the provision of the requested documentation, excluding any reimbursement and / or compensation for damages for the period of service not used;
  11. Not to offer information to the public (textual or graphic) that is harmful to the image of the Managed Server through the services made available;
  12. Do not carry out spamming or equivalent actions (for a definition of spam see A Set of Guidelines for Mass Unsolicited Mailings and Postings (spam *) and not to introduce or send programs (viruses, Trojan horses, etc.) that compromise the functioning of the network;
  13. Do not carry out phishing or other equivalent illegal actions aimed at stealing personal data or other confidential information from users (by way of example but not limited to: access codes, passwords, userIDs);
  14. Take charge of the protection of the data entered, in the event that you have purchased a service with shared web space;
  15. read and accept all the rules contained in the Managed Server policy, which can be consulted at https://managedserver.it;
  16. not to use or have third parties use the Service in such a way as to cause damage or harm, in any way and form, to the image and trademarks owned by Managed Server. In the event of a breach of one or more of the aforementioned obligations, Managed Server will have the right to cancel any unauthorized material entered and to suspend the service immediately and without notice, also reserving the right to terminate the contract pursuant to subsequent art. 5 and to withhold the sums paid by the Customer as a penalty, without prejudice to compensation for greater damage.

The customer acknowledges and accepts that Managed Server will have nothing to claim by way of reimbursement, compensation or damages for the measures that the same has deemed appropriate to adopt. In any case, the customer assumes, now by then, all responsibility for the above violations and undertakes to indemnify and hold Managed Server harmless from any prejudicial consequence. The customer acknowledges and accepts that in the event of a dispute with third parties, Managed Server reserves the right to suspend the service and / or to remove all or part of the material, pending the resolution of the dispute, being explicitly excluded any and all reimbursement or indemnity or liability of Managed Server for failure to use the services during the suspension period and / or for the removal of the material.
Traffic on Cloud and Dedicated Server services is unlimited. Through our Services, unwanted mail (spam) must not be sent in any way. Otherwise, Managed Server reserves the right to suspend and / or terminate the service.
Managed Server reserves the right to limit / reduce the use of products if necessary for operational or security reasons.

4.2

The Customer also guarantees pursuant to art. 46 Presidential Decree 445/2000 and subsequent amendments that the data and information transmitted for the purpose of concluding the Contract are true, correct and such as to allow its identification, and undertakes to communicate any changes thereto, including the e-mail address indicated in the Order Form. Managed Server reserves the right to verify such data and / or information also requesting additional documents that the Customer undertakes, now by then, to transmit. If the Customer, at the time of identification, has concealed his real identity or falsely declares to be another subject, even through the use of untrue personal documents, or in any case, has acted in such a way as to compromise the identification process, He takes acknowledges and accepts that he will be held, even criminally, responsible for false declarations and / or the use of false documentation and will also be considered exclusively responsible for all damages suffered and suffered by the Suppliers and / or third parties from the inaccuracy and / or falsity of the information communicated, assuming from now on the obligation to indemnify and keep the Suppliers harmless from any possible claim, action and / or request for compensation or damages that may be advanced by anyone against them.

4.2.1

The Customer declares to possess the set of technical knowledge necessary to ensure the correct use, administration and management of the virtual infrastructure (s) and in any case acknowledges and acknowledges that the processing of data and / or information and / or contained by him and their consequent dissemination on the Internet through the same infrastructure (s) are carried out exclusively at his risk and under his responsibility.

4.2.2

The Customer acknowledges that the internet network is not controlled by Managed Server and that, due to the peculiar structure of the aforementioned network, no public or private entity or even Managed Server is able to guarantee and monitor the performance and functionality of the branches of the network and to control the contents of the information that is transmitted through its network. For this reason, no responsibility can be attributed to Managed Server for the transmission or reception of illegal information of any nature and kind.

4.2.3

The Customer, also in the name and on behalf of third parties to whom he may, for any reason, have allowed to use the Service, undertakes to use the Service itself exclusively for lawful purposes and permitted by the provisions of the law applicable from time to time, by the uses and customs, by the rules of diligence and in any case, without infringing any third party rights, assuming all responsibility in this regard. The Customer declares to be the sole and exclusive administrator of the Service and as such declares to be solely responsible for the management of data and / or information and / or content processed by him in the virtual infrastructure, for their security and for their saving. and to carry out any other activity deemed useful or necessary to guarantee its integrity, committing itself, as a result, to apply, at its own expense, suitable and adequate security measures; the content of the information, sounds, texts, images, elements of form and data accessible and / or made available in the virtual infrastructure and in any case, for any reason, transmitted or put online by the Customer; malfunctions of the Service for any use that does not comply with the Policy for the use of the Managed Server Services; loss or disclosure of login credentials; the management of access to his Panel (any connection, modification of the Service or order placed through the Client Panel is presumed to have been made by the Client himself); in this regard, the Customer assumes the responsibility of providing for the periodic variation of the password for access to the Panel with a frequency not exceeding 3 (three) months.

4.2.4

The Customer undertakes to communicate to the Managed Server, by opening a specific ticket, any changes in their personal data and contact details including the e-mail address indicated in the order.

4.2.5

The Customer also undertakes to promptly inform Managed Server of any unauthorized use of their account or any other breach of security found.

4.2.6

The Customer declares, for himself or for third parties to whom he may, for any reason, have allowed to use the Service, to be in compliance with the licenses of the software independently inserted and used in the virtual infrastructure and assumes the related costs.

4.2.7

The Customer declares and agrees to be the sole and exclusive responsible for any operation carried out for himself or for third parties or by them directly, in the use, administration and management of the various virtual infrastructures created and allocated through the Service, for the effect with with regard to these operations, he undertakes to:

  1. comply or make third parties comply with the current legislation applicable to them from time to time, including that for the protection of personal data (Legislative Decree 196/2003 and European Regulation no. 679/2016);
  2. to indemnify and hold Managed Server harmless from any and all claims or claims for damages, direct or indirect, of any nature and kind, by anyone advanced in this regard; the Customer undertakes, now for then, to indemnify and hold Managed Server harmless from any and all requests or claims of third parties for damages caused to them by or through the use of the Service. The Customer will have to bear all costs, compensation for damages and charges, including any legal fees, which may arise from such liability actions and undertakes to inform Managed Server if such action should be brought against it.
4.2.8

The Customer undertakes to communicate and enforce to any third parties who have allowed, in any capacity, to use the Service, all the provisions of the contract, none excluded, also undertaking to indemnify and hold Managed Server harmless from any possible requests and / or claims for damages by anyone who find title in the violation of the aforementioned provisions and in any case in the behavior of the Customer or the aforementioned third parties.

5) Termination of the contract

5.1 Express termination clause

This contract is terminated by law, pursuant to art. 1456 of the Italian Civil Code, authorizing Managed Server to interrupt the Service offered without notice and assigning the Resources owned by Managed Server to new Customers if the same Customer:

  1. assigns the contract in whole or in part to third parties, without the prior written consent of Managed Server;
  2. fails to pay the amount requested;
  3. acts or presents itself as a Managed Server agent;
  4. is subjected to or admitted to insolvency proceedings and / or bankruptcy;
  5. use the services in ways other than those established by the Managed Server.
  6. contravenes clause 4.1 and 4.2 In such cases, Managed Server will communicate the termination by law via PEC or comp. AR and will retain the sums paid by the Customer as a penalty, without prejudice to compensation for greater damage.

From the date of the termination and / or termination of the Contract which occurred in the cases provided for in this article, the Service is deactivated and the Managed Server will have the right to charge the Customer for any additional burden that it has had to bear, remaining in any case without prejudice to its right. to compensation for any damage suffered.

5.2 Termination by Managed Server

Without prejudice to the above, Managed Server will have the right to withdraw from this contract at any time without giving reasons, with 7 days' notice sent by registered letter with return receipt or alternatively by certified e-mail (PEC) or by email. After the deadline indicated above, if the service has not already been suspended pursuant to art. 4.1, Managed Server may at any time deactivate, disable, obscure and in any case render the site and / or e-mail boxes unusable. It is understood that the customer is required to make a copy of the contents entered in their space as Managed Server, after the notice period, does not guarantee its recovery. Furthermore, in the event of withdrawal, Managed Server will be required to return to the Customer the accrued price of the service corresponding to the days not used until the next natural expiration of the relationship, explicitly excluding any and all other reimbursement or indemnity or liability of Managed Server for the failure by the Customer to use the service in the remaining period. Managed Server reserves the unequivocal right to terminate the service at any time and without notice in the event of fraud or alleged fraud. The customer is required to identify himself, should the Managed Server request it, in order to be able to use the services purchased. In case of lack of communication The service could be terminated and as such unrecoverable. The service may also be suspended at any time and without notice, at the discretion of the technical and / or administrative department. LEAD MAGNET SRL will be responsible for motivating the suspension by sending an email message to the registration email used when purchasing the services.

5.3 Withdrawal by the Customer

The Customer, who qualifies as a consumer and identified, pursuant to art. 3 of Legislative Decree 206/2005 (so-called Consumer Code), in the natural person who acts for purposes unrelated to his business or professional activity, will have the right to withdraw from this Agreement at any time, without any penalty and without indicating the reasons, by sending the relative communication, with attached copy of a valid identity document, by registered letter with return receipt to LEAD MAGNET SRL, Calea Timisorii 212/2 - 310227 ARAD - Romania (RO) , for European companies at info@managedserver.it or for Italian companies via Pec at the address managedserver@pec.it or by request in your customer area. The withdrawal will be effective after 30 (thirty) days from the date of receipt by the Managed Server of the aforementioned communication and Managed Server will deactivate the services. In the event of a transfer request, the Managed Server will communicate any authorization codes to the reference e-mail address. In the event that the customer also requests the reimbursement of the price of the Service for the days not used until the next natural expiration of the relationship, Managed Server is not obliged in any way to make such reimbursement. The customer acknowledges and accepts that the aforementioned right of withdrawal is recognized, in accordance with Legislative Decree 206/2005 and Law 40/2007, only to customers who qualify as consumers. In the event of illegitimate cancellation, withdrawal or termination by the Customer, Managed Server is from now on authorized to withhold the sums paid by the Customer as a penalty, without prejudice to compensation for greater damage. In any case, it is understood that the customer is required to make a copy of the contents entered in their space, as Managed Server does not guarantee their recovery.
Without prejudice to the above, the Customer, whether or not he qualifies as a "consumer" pursuant to art. 3 of Legislative Decree 206/2005 (so-called "Consumer Code"), will always have the right to withdraw from this Agreement at any time, without any penalty and without indicating the reasons, with written communication sent by registered letter with return receipt o certified e-mail (PEC) to the addresses indicated in the following art. 10.
The withdrawal will be effective after 30 (thirty) days from the date of receipt by the Managed Server of the aforementioned communication.
Alternatively, the Customer can make use of the Right of Withdrawal with refund (satisfied or reimbursed) in the following ways:

  1. For Services with a Monthly and Quarterly billing cycle, a refund of the amount paid can be requested within 7 days from the date of purchase of the service. No refunds will be made for the purchase of software licenses or for the registration of one or more domains associated with the service.
  2. For services with a six-monthly, annual, two-year and three-year billing cycle, a refund can be requested within 15 days from the date of purchase of the service. No refunds will be made for the purchase of software licenses or for the registration of one or more domains associated with the service.

The request must be made via Administrative Ticket from within your customer area.

5.4 Canceling Transactions / Subscription and Recurring Payments.

LEAD MAGNET SRL DOES NOT carry out automatic debits on credit cards or other payment methods for the renewal of services but the customer must ALWAYS carry out the renewal of the service directly from his customer area and pay the proforma generated by the system which will be available in the section invoices.

To unsubscribe from subscription services, open a ticket in the support area on https://login.managedserver.eu and indicate the service to be canceled.

6) Responsibility.

6.1 Managed Server Disclaimers

Managed Server declines any responsibility both towards its customers and towards third parties for delays, malfunctioning, suspension and / or interruption in the provision of services due to:

  1. force majeure and / or unforeseeable circumstances;
  2. fact of the third party (by way of example but not limited to: unauthorized publication by third parties of the texts entered by the Customer in any messaging area, public or private);
  3. malfunction or non-conformity of the connection devices the customer is equipped with.
  4. failures and malfunctions of machines and software, whether owned by Managed Server or its suppliers. In such cases the customer acknowledges and accepts that he will have nothing to claim from Managed Server as compensation. The customer must notify the Managed Server immediately or no later than 24 calendar hours of any irregularities in the service. Any damage caused by careless communication will be considered the responsibility of the Customer.

6.2 Responsibilities of both parties

Managed Server and the customer mutually undertake to treat as confidential any data or information known or managed in relation to the activities for the execution of the service provided by Managed Server.

6.3 External data processing manager

Managed Server is in no way responsible for the content that the Client uses through the Cloud Service or Dedicated Server purchased. Managed Server, therefore, remains unrelated to any type of activity the Customer or his collaborators carry out in full autonomy, following the delivery of the credentials, provided when purchasing the Service. The Customer, through these credentials, remotely controls any personal activity carried out through the use of the services purchased. Furthermore, once the aforementioned credentials have been obtained, the Customer becomes the only Data Controller of the personal data issued at the time of purchase, for the entire duration of the stipulated contract and for the thirty days following its expiry, pursuant to the Legislative Decree. 196/03 and of the EU Regulation n. 679/2016.

6.4 Limitation of Liability

6.4.1

Managed Server will not be liable when the delay in the supply or the degradation of the service:
depend on actions or omissions of the Customer, its employees or third parties employed by the Customer, and / or its customers;
they cannot be resolved and / or eliminated because the Customer refuses access to their own;
occur during scheduled maintenance periods or otherwise communicated in advance;
they are due to force majeure events;
are the result of a suspension of the Service;

6.4.2

Unless this operation is expressly included and provided for by the purchased Service, it does not make any specific backup of the data and / or information and / or content processed by the Customer, for himself or for third parties or by the latter if authorized by the Customer, in the virtual infrastructure. with the exception of the backup on all the contents of the storage that the Managed Server itself, for its own caution, periodically carries out for the purpose of the possible restoration of the Service; however, this does not relieve the Customer from making a complete backup of the data and / or information and / or contents he has entered and / or processed in the virtual infrastructure and from taking all the necessary security measures to safeguard them. In any case, Managed Server does not offer any guarantee regarding the use of the Service with regard to the protection and storage of the aforementioned data and / or information and / or contents, except for the activation by the Customer of a specific accessory service. .

6.4.3

Managed Server will in no case be considered responsible for the use made of the virtual infrastructure in relation to critical situations involving, by way of example, specific risks for the safety of people, environmental damage, specific risks in relation to transport services. to the management of nuclear and chemical plants and medical devices.

6.4.4

Managed Server does not assume, under any circumstances, any responsibility for the information, data, content entered or transmitted and, in any case, processed by the Customer, for himself or for third parties or by the latter if authorized by the Customer, in the virtual infrastructure and generally for the use made by the same of the aforementioned Infrastructure and reserves the right to adopt any initiative and action, to protect its rights and interests. Managed Server will in no case be liable for any damage, direct or indirect, of any type and kind, caused by the Customer to third parties who in any way and form and for any reason have used the Service.

6.4.5 Appointment as Data Processor.

On Dedicate Managed Server solutions, it does not have access to services, unless the customer is responsible for providing them in the event of previously agreed technical interventions. Managed Server will be authorized to process the personal data of which the Customer is the Owner, within the limit of the activities provided for in the aforementioned contract. Managed Server reserves the right to carry out any activity aimed at ensuring compliance with the relevant provisions in force and the task of managing, supervising and organizing all operations concerning the processing of personal data provided by the Customer / Owner, for the purpose of the correct execution of the activities concerned. of contract. In compliance with the provisions of the Privacy Code and EU Regulation no. 679/2016, it is specified that Managed Server will be required to:

  1. Process the personal data provided by the Customer / Owner only for the purpose of providing the Services agreed by contract, using the technical and organizational measures provided for in the same and in the documents referred to therein. In the event that the Customer / Owner needs a different treatment than that indicated above or with specific exceptions with respect to Article 32 of EU Regulation no. 679/2016, he will have to express his will in advance and describe the measures he wishes to be guaranteed, which will later be evaluated and, if applicable, presented with a specific offer.
  2. Ensure that the personnel responsible for processing personal data are bound by an obligation of confidentiality.
  3. Adopt all the measures required pursuant to Article 32 of EU Regulation no. 679/2016;
  4. Respect the conditions set out in paragraphs 2 and 4 of article 32 of EU Regulation no. 679/2016 in order not to have recourse to a new personal data processing manager without prior authorization from the Customer / Owner. In the event that the Managed Server is authorized to resort to this eventuality, it must impose the same obligations underwritten by the Manager;
  5. Assist the Customer / Data Controller with adequate technical and organizational measures, if possible, in order to ensure compliance with the rights of the Data Subject;
  6. Assist the Customer / Data Controller in complying with the obligations
  7. Delete or return all personal data provided by the Customer / Owner following the termination of the provision of the services provided for in the contract.
  8. Make available to the Customer / Owner all the necessary information regarding the obligations that Managed Server will be required to comply with towards the Customer / Owner itself, offering him the possibility of verification by prior agreement on the times and methods of implementation of this procedure, which must not contrast with the confidentiality obligations assumed by Managed Server. The costs of this verification will be entirely borne by the Customer / Owner. In the event that Managed Server makes use of the collaboration of third parties for the activities described above, it will be its responsibility to provide for the erudition of these subjects regarding compliance with the rules prescribed by the Privacy Code and by EU Regulation no. 679/2016. Managed Server manages the processing of personal data by following all the instructions above, implementing every technical specification prescribed in the Privacy Code and EU Regulation no. 679/2016, taking into account the security requirements established for the provision of services. If anomalous situations occur, the suppliers of the aforementioned services will be required to promptly inform the Customer / Owner.

7) Fees.

For the purpose of concluding the contract, the Customer is required to pay the Managed Server the amount set for the requested service plus VAT and any other legal charges. The Customer will not be able to assert rights or raise objections of any kind if he has not previously made the payments provided for in this contract. The Customer acknowledges and accepts that, pursuant to the provisions of art. 52 paragraph 1 letter. e) Legislative Decree 206/2005, payment for the service must be made using one of the methods indicated in the online form, in particular via PayPal, bank transfer or credit card. In case of payment by bank transfer, the Customer is required to indicate the proforma number generated by the system and the references necessary to identify the order placed and must send the bank transfer receipt via email to payments@managederver.it
Payments by paypal and credit card must be made through your customer area; in the case of using the paypal method, if the "send money" function is used, it is necessary to notify the Managed Server of the payment by providing the relative id and the date by e-mail to payments@managedserver.it
By accepting these General Terms and Conditions, the Customer explicitly agrees that the invoice will be sent and / or made available in PDF format. Any credits existing in favor of the Customer by virtue of the failure to activate the Service, for any due cause, must be used by the latter for the purchase or renewal of Managed Server Services no later than the period of twelve months from the date of the payment. After the period of time indicated above has elapsed in vain, without the Customer having used the aforementioned credit, this will be considered definitively acquired and collected by the Supplier, without the Customer being able to claim its return or use.

8) Documentation and Log.

The Customer expressly acknowledges and accepts the existence of the Connections Register (LOG - data relating to access to services), compiled and stored by Managed Server in the terms and in the manner established by law. The aforementioned register (Log) constitutes full and incontrovertible proof of the facts and acts performed by the Customer in relation to the Managed Server and / or third parties; it is strictly confidential and can be exhibited and / or supplied exclusively upon request of the competent Authorities. Managed Server adopts all the technical and organizational measures necessary to guarantee the confidentiality of the connection logs. The Customer also acknowledges and accepts that Managed Server reserves the right to keep the access Logs, when the Customer logs in to the service management panel, for a period of time equal to or greater than the duration of the contractual relationship.

9) Characteristics and functionality of the system.

9.1

The Customer acknowledges and accepts that Managed Server does not provide any guarantee that the service is perfectly suited to a particular purpose. Furthermore, due to the very nature of internet services, in which many entities are involved, no guarantee can be given regarding the constant usability of the service. The Customer indemnifies, now for then, Managed Server from any responsibility in case of non-reachability of websites from all over the world, of impossibility of transmission or reception of information for any due cause. The Customer acknowledges and accepts that the use of the services provided in collaboration with other infrastructures (national and international) is limited by the boundaries and by the rules established by the operators of the same services, as well as by the laws in force in the countries hosting these services and by those international on the subject.

9.2 Service levels: Power and Network

These service levels apply to the power supply and Internet connectivity provided by the Managed Server.

Connectivity - 99,98%
Electric Current - 100%
Maintenance windows are excluded from the calculation for the availability of the Internet connection. The service level on IP connectivity is valid only when network cables are provided by the Managed Server.
Payable when uninterrupted annual availability is less than the expected guarantee.
The duration of the interruption is intended as cumulative, that is, as the sum of the interruptions that occurred during the year.
The compensation is applicable only to the portion of the fee relating to the elements affected by the interruption and does not extend to the entire service fee.
1 to 4 hours - 10%
4 to 8 hours - 20%
8 to 24 hours - 25%
More than 24 hours - 50%

9.3 Levels of Assistance

On Cloud Managed Server solutions, it activates the service immediately after the balance of the proforma generated by the system. If a control panel other options is selected, the service will be provisioned within 24 hours.
On Dedicated Server solutions, activation will take place within 24 hours, except for the unavailability of the selected machine in the Managed Server warehouses.
The systematic management of dedicated solutions (VPS or Server) is entirely the responsibility of the customer except for the purchase of the Managed option (see attachment available with the purchase of the option). The maintenance, care and control of the installed applications are the sole responsibility and burden of the Customer.

10) Information pursuant to art. 52, 53, 64 and ss. and 5 of Legislative Decree 206/2005 and art. 7 of Legislative Decree 70/2003.

Pursuant to the provisions of art. 52, 53 and 64 et seq. Legislative Decree 206/2005, the Customer acknowledges that:
- the service provider is LEAD MAGNET SRL - Calea Timisorii 212/2
310227 - ARAD - Romania, Romanian CUI: 38864543, REG. ROONRC.J2 / 221/2018, EU VAT / TVA: RO40490297
- pursuant to art. 3 of the legislative decree n. 206/2005 the consumer means the natural person who acts for purposes unrelated to the entrepreneurial or professional activity possibly carried out and the (consumer and user associations) that have the exclusive statutory purpose of protecting the rights and interests of consumers or users; These subjects will have the right to withdraw, pursuant to art. 1 paragraph 3 of Law 40/2007, from the contract, without obligation to indicate the reasons and at any time, with communication sent to Managed Server by registered letter with return receipt to the following address: LEAD MAGNET SRL - Calea Timisorii 212/2 310227 - ARAD - Romania or via PEC managedserver@pec.it.

After 30 days of receipt by Managed Server of the aforementioned communication, the withdrawal will take effect and Managed Server will cease all the services offered and, if necessary, communicate the authorization codes relating to the domain name to the reference email address.

11) Applicable Law and Jurisdiction

11.1

The law applicable to this contract and its annexes is European law.

11.2

Competent to hear of any and all disputes relating to the execution, interpretation, effectiveness and / or termination of this contract will be exclusively the Judicial Authority of the Court of Macerata, with the express exclusion of the Judicial Authority of any other alternative or competing Court. .

12) Copyright and licenses

12.1

The Customer is required to use the Service in compliance with the intellectual and / or industrial property rights of the Managed Server as indicated in the Policy for the use of the Managed Server services. The software as any other copyright or other intellectual property right are the exclusive property of Managed Server and / or its assignors, therefore the Customer does not acquire any right or title in this regard and is required to use them only in the contractual validity period.

12.2

In the case of licenses provided by third party suppliers through Managed Server, the Customer, for himself and / or for the third parties which he has allowed to use the Service, acknowledges that he has read the terms and undertakes to use the software in accordance with the methods indicated on the respective sites exclusively for their own personal use.
The Customer undertakes to accept and comply with the terms of the aforementioned licenses. The Customer declares to be aware of the fact that the Licenses exist between the Customer and the owner of the copyright on them with the exclusion of any liability of Managed Server. In no case will any breaches and / or conduct of the Customer differing from the Agreement be considered as exceptions to the same or tacit acceptance of the same, even if not contested by Managed Server.
Any inaction by Managed Server in exercising or enforcing any right or clause of the Agreement does not constitute a waiver of such rights or clauses.

13) Final provisions and communications.

  1. The relationships between Managed Server and the Customer established by these contract conditions can never be understood as relationships of mandate, representation, collaboration or association or other similar or equivalent contracts.
  2. It is forbidden for the Customer, unless specifically approved in writing by Managed Server, to insert additional clauses or footnotes and / or modify this contract in any way.
  3. Any nullity, annulment or ineffectiveness of one or more clauses of these General Contract Conditions will not extend to the remaining clauses, which must be considered fully valid and effective.
  4. For any dispute relating to the interpretation, execution and termination of these General Contract Conditions, the Court of Macerata (MC) will be exclusively competent, except in the case in which the Customer has acted and concluded this contract as a Consumer for purposes unrelated to the '' entrepreneurial or professional activity carried out. In this case, the court of the place where the customer has his residence or domicile will be exclusively competent, if located in the territory of the Italian state.
  5. For anything not contemplated in these General Contract Conditions, the Parties expressly refer to the provisions of the law.
  6. All communications to the Customer relating to this contractual relationship may be made by Managed Server by hand, by e-mail, by registered letter with return receipt, ordinary mail or by fax to the addresses communicated by the Customer and, consequently, the same they will consider known by these. Any changes in the Customer's addresses not communicated to Managed Server will not be opposable to it
  7. Except for the cases specifically provided for in the Contract, all communications that the Customer intends to send to Managed Server in relation to the Contract, including requests for assistance, must be sent by ticket in the manner indicated, except for the form provided for the other communications as indicated in the previous articles.
  8. Any complaints regarding the provision of the Service must be sent by certified e-mail or forwarded via ticket from the Managed Server assistance service no later than 7 days. from the moment in which the fact that is the subject of the complaint occurs. Managed Server will review the complaint and provide a written response within 15 days of receipt of the complaint. In the case of complaints for particularly complex facts, which do not allow an exhaustive response within the above terms, Managed Server will inform the Customer within the aforementioned terms on the progress of the case.
  9. The Customer undertakes not to transfer the contract to third parties without the prior written authorization of Managed Server.

Acceptance of terms of service relating to the "VPS and Server" category

Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Customer, after having taken careful and specific knowledge and vision, approves and expressly accepts the following clauses:

  • 1.3.3 letter b and c application responsibility and updates
  • 1.3.4 lett. C backup responsibility
  • 1.4 Managed Server Modification Power
  • 1.5 Managed Server Limitation of Liability
  • 1.7 Suspension of the Service
  • 4. Customer Obligations.
  • 5. Termination of the contract
  • 6. responsibility
  • 7. fees
  • 8. Documentation and Log.
  • 9. Features and functionality of the system.
  • 11. Applicable Law and Jurisdiction
  • 12. Copyright and Licenses
  • 13. Final Provisions and Communications.

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