Service Order SiteBuilder

This Service Order ("SO" or "Agreement") forms an integral and substantive part of the General Terms and Conditions of Service ("GCS") of Swizzonic SA ("Swizzonic" or "Company"), published at: https://www.swizzonic.ch/company/legal/?lang=en.
The GCS and this SO set forth the terms and conditions for the provision of the SiteBuilder service ("Service") by the Company to the Customer. The commercial offer published online at https://www.swizzonic.ch/websites/sitebuilder/?lang=en or otherwise brought to the Client's attention by the Company and any other documentation that may be attached to this SO shall constitute an integral part of this SO and shall be deemed referred to herein in its entirety.


Art. 1 - DESCRIPTION OF THE SITEBUILDER SERVICE.

1.1 The Service allows the Customer to create, update and publish a website or e-commerce online through an online management panel and without the need to install additional programs. The Customer benefits from the Service through the use of a web space assigned to him, accessible through the use of an Internet browser and an Internet connection.

1.2 The Service is provided in different solutions, the characteristics of which are published in an up-to-date manner on the Company's website, in the product tab at the link https://https://www.swizzonic.ch/?lang=en sitebuilder with an indication of the technical differences and related economic offers.

1.3 The Service may be activated on a domain name indicated by the Customer or on a free third-level domain made available by the Company.

1.4 The Customer acknowledges and accepts that the association of the Service to a domain name with existing content will result in the previous content not being displayed and being replaced by the new content, the Services being in different and alternative hosting spaces.

Article 2 - CONDITIONS OF USE OF THE SERVICE AND OBLIGATIONS OF THE CUSTOMER.

2.1 The Customer acknowledges that the Service will be provided with the characteristics and limits of use indicated by the Company on the descriptive page of the Service itself. Such limits may not be exceeded by the Customer. If these limits are exceeded, the Company shall have the right to suspend the Service.

2.2 The Company has no obligation to monitor the content posted by the Customer through the Service, but shall inform the competent Judicial Authorities if it becomes aware of violations committed by the Customer in the use of the Service; therefore, any liability of the Company in this regard is expressly excluded.

2.3 The Customer remains solely and exclusively responsible for the content and materials published and/or uploaded through the Service. Therefore, the Customer undertakes to use the Service with the utmost diligence, respecting the rules of use indicated in this SO and in such a way as not to compromise, its stability, security and quality.

2.4 The Customer also undertakes not to use the Service for illicit purposes and not to violate in any way the applicable national, community and international rules, including regulations. In particular, the Customer undertakes not to enter, and not to cause third parties to enter, content that is (i) harmful (by way of example only, malware, viruses, potentially harmful software, etc.); (ii) in any way violating, or even only potentially damaging, privacy (in this regard, the Company disclaims any liability inherent to data published on the Customer's sites and/or contained in the Customer's databases, which have not been processed in accordance with the legislation on the protection of personal data - EU Regulation 2016/679, D. Lgs. 196/2003 and applicable Provisions of the Guarantor for the Protection of Personal Data), copyright and intellectual and industrial property rights, nor content that is defamatory, pornographic, profane or offensive, incites racial hatred, or may in any other way harm or impair the Company's business and/or harm or endanger the

2.5. The Customer agrees not to publish and otherwise make available on its Site any content that it does not own, without the express consent of the rightful owner of said content.

2.6.The Customer warrants that it will not engage in spamming, i.e., sending, via e-mail, unauthorized and/or unsolicited communications from the recipients. The Customer's use of robotic software (or any other software not provided by the Company) for the purpose of creating new Sites or for accessing or modifying existing Sites is also prohibited.

2.7 All copyrighted materials, trademarks and other intellectual property rights or content provided as part of the Service shall, at all times, remain the property of the Company or any licensees of the Company. The Customer is not authorized to use any such material or content unless expressly authorized by the Company.

2.8 The Customer remains solely responsible for the content and information provided on the Internet site covered by the Service to interested parties (such as site visitors). The Client acknowledges that the Company does not provide any advice, nor any guarantees, regarding the information (such as legal notices, privacy notices, etc.) to be posted by the Client on its Internet site. Furthermore, acting as the data controller of the personal data processed through the website, the Customer is obliged to ensure compliance with the legislation on the protection of personal data (EU Regulation 2016/679, Legislative Decree 196/2003 and the applicable Measures of the Guarantor for the Protection of Personal Data). The Company, on the other hand, will act as data controller in accordance with the applicable data protection legislation and as set forth in the Data Processing Agreement between the Company and the Customer. At the time of the provision of the Service, the Company will provide the Customer with a banner containing a sample short cookie policy text, which will appear on the Customer's website. It remains the responsibility of the Client to comply with all obligations arising from the applicable legislation on the protection of personal data, and therefore also the definition of the content of the banner and in general the definition and updating of the information given to visitors to the website and third parties concerned with regard to the processing of personal data, including the information on the cookies used on the website, it being understood that the Client, as the data controller, remains solely responsible for the exact fulfillment of the regulatory obligations in this matter towards the interested parties on the protection of personal data, being in any case excluded the responsibility of the Company on the point. The Client agrees and guarantees not to use any type of cookies (or other tracking technologies and tools, such as, by way of example, web beacons/web buns, clear GIFs, etc.) for the purpose of retrieving and/or storing client-side information (e.g.: profiling cookies), with the sole exception of the standard installation of Google Analytics cookies, already included in the SiteBuilder product editor, which the Client shall manage in compliance with the applicable legal provisions on the subject, including those relating to the processing of personal data. The Company disclaims any liability for any legal consequences and/or penalties that may accrue to the Customer as a result of the breach of this obligation, this agreement and applicable legal provisions, including those relating to the use of cookies or other tracking technologies. The Customer acknowledges and agrees that the Company shall not be liable, to the fullest extent permitted by law, for any breach relating to the processing of personal data committed by the Customer or any third party, including any inaccuracy in the information provided in the privacy policy or in the disclosures relating to the cookies used on the website. The Customer agrees to hold THE COMPANY harmless from any claim, indemnification or penalty relating to or connected with the processing of personal data performed by the Customer and compliance with the data protection legislation applicable to the processing activities performed by the Customer.

2. 7 The Company reserves the right to immediately suspend the Service, including upon notice from a third party, if: (i) the Customer substantially or repeatedly violates this SO, rules of law, or uses the Service for unlawful purposes; (ii) the Company is required to do so in order to comply with a rule of law or an order of the Authority; (iii) the Company reasonably and justifiably believes that the Customer's conduct results in damage or liability to another Customer, a third party, or the Company itself; (iv) the Customer enters through the Services and products unquestionably unlawful content.

2.8 In the aforementioned cases, the Customer, also following e-mail communication from the Company, shall immediately eliminate the causes of the dispute or provide appropriate documentation proving the full compliance of the activity performed by him/her with the applicable regulations. In the event of failure to respond immediately, the Company shall have the right to terminate the contract immediately, without prejudice to the right to full payment of consideration and the Company's right to full compensation for damages suffered.

Article 3 - DURATION - RENEWAL - WITHDRAWAL.

3.1 In order to allow the Customer to test the features of the Service, The Company may decide - at its sole discretion - to offer the Customer the opportunity to benefit from a free, non-binding period of use of the Service equal to 1 (one) month (hereinafter, "Trial Period").

3.2 Upon expiration of the Trial Period, if the Customer communicates its intention not to continue using the Service, the Service will be deactivated, resulting in the deletion of the contents related to the previous Trial Period.

3.3. Where, on the other hand, the Customer decides to continue using the Service, the same will be perfected, and will continue with a duration of 1 (one) year, starting from the expiration of the Trial Period.

3.4 Depending on the choice made during the purchase procedure or even subsequently from its control panel, the first renewal and subsequent renewals of the Service may take place as follows:
(a) In the case of expiration with automatic renewal and payment by credit card, the fees will be charged, in the terms provided and under the conditions existing at the time of renewal, as indicated in the Control Panel, directly by the Company on the Customer's credit card, after notification by e-mail. If it is not possible for the Company to make such a charge, the contract will not be able to renew automatically and the same shall be deemed to have expired and/or not been renewed within the stipulated term. In this situation, the Customer may renew the service by following the procedure described in letter c) below
b) In the case of expiration with automatic renewal and payment by a system other than credit card, the Company will proceed, at least twenty days before the expiration date and after notification by e-mail, to make the renewal and send an invoice to the Customer, which must be paid within the terms provided therein. The invoice and related payment instructions will be sent by surface mail to the address stored in the records at the time of the order. In the event that the Customer fails to make payment within the terms provided, the Company may discontinue the provision of the Service at any time;
c) In the case of expiration without automatic renewal, the Customer may request the Company, through the online procedure, to renew the Service within the terms that will result on the Customer's Control Panel and at the technical and economic conditions in place at the time of the renewal of the service and by performing the renewal procedure provided therein.

3.4 Upon expiration, if this Service Order is not renewed, it will cease to be effective and the Company, accordingly, will discontinue the provision of the Service. Consequently, the website covered by the Service will no longer be visible. The content published by the Customer may be retrieved with the renewal of the Service within 30 (thirty) days after the expiration.

3.5 Each Party shall have the right to terminate the Contract by written notice to the other Party, with at least 30 (thirty) days' notice. Upon expiration of said term, this SO shall be deemed terminated and the Service shall be deactivated. In case of exercise of the right of termination by the Customer, the Company shall not refund the fees for the services not yet fulfilled; in case of termination by the Company, the Company shall refund the Customer the portion of the amount paid corresponding to the unused days until the natural expiration of the Service, minus the costs to be incurred or incurred. Any further reimbursement, indemnification or compensation in favor of the Customer is excluded.

3.6 The Customer natural person requesting the provision of a service for purposes unrelated to his professional activity ("Consumer"), shall have the right to withdraw freely without having to provide any reason within 14 (fourteen) working days after the conclusion of the relevant contract, pursuant to and for the purposes of Article 52 of Legislative Decree 206/2005 ("Consumer Code"). The withdrawal may be exercised by the Customer, pursuant to Article 54 paragraph 1 Consumer Code, by using the withdrawal form in Annex I, part B of the Consumer Code or by submitting any other explicit statement of its decision to withdraw from the contract, to be sent, by registered letter with return receipt, to the Company S.p.A., Via Zanchi n. 22, (24126) Bergamo (BG) or by opening a support ticket from its control panel, before the expiration of the withdrawal period. The burden of proof regarding the correct exercise of the right of withdrawal, in accordance with the above procedure, is on the Customer. Following the correct exercise of the right of withdrawal by the Customer, the Company will, pursuant to Art. 56 paragraph 1 Consumer Code, no later than the next 14 (fourteen) days, to reimburse the same for the payments received from the same. the Company will make the reimbursement using the same payment method used by the Client for the initial transaction, unless expressly agreed otherwise with the Client and provided that the Client does not incur any costs as a consequence of using the different payment method.

Article 4 - RIGHTS OVER THE CONTENT OFFERED BY THE SERVICE.

4.1 Through the Service, the Customer obtains a non-exclusive, non-transferable, limited license to use the online management panel to create and publish its website valid for the duration of the Service purchased by the Customer, in accordance with this SO and the conditions set forth on the page dedicated to the description of the Service on the Company's website.

4.2 All content offered to the Customer as part of the Service, such as, but not limited to, images, graphics, backgrounds, videos, music, formats, textures, etc. (hereinafter referred to as "Content"), shall remain the exclusive property of the respective owners and/or publishers of the Service.

4.3 Customer acknowledges and agrees that it has no proprietary rights to such Content and that it may use such Content (i) only within the scope of the Service (ii) online, i.e. on the platform dedicated to the Service and (iii) only during the term of the Service.

4.4 Customer agrees to comply with the copyright rules relating to the Content, as defined by applicable laws and regulations. In this regard, Customer acknowledges and agrees that reproduction in any form of the Content is strictly prohibited without the express permission of the owner of the same rights.

4.5 Upon expiration of the Service, for any reason whatsoever, the license shall be deemed terminated and the Customer agrees as of now to cease all use of the Content and to delete any Content still available to it.

Article 5 - LIMITATIONS OF THE COMPANY'S LIABILITY.

5.1 The Company reserves the right to perform maintenance work that may result in temporary suspension of the Service. In case of interruption, the Company undertakes to restore the availability of the Service as soon as possible.

5.2 The Company may, at any time, interrupt the provision of the Service if there are justified reasons for security and/or guarantee of confidentiality, or for the protection of its rights or legitimate interests, giving, where possible, prior notice to the Customer.

5. 3 Within the limits imposed by or arising from mandatory rules of law, the Company shall in no event be held liable in the event of malfunctioning of the Service due to events beyond the Company's reasonable control, such as, but not limited to: (i) events of force majeure, as more fully defined below; (ii) events dependent on the actions of third parties such as, but not limited to, the interruption or malfunctioning of the services of telecommunications operators and/or power lines or acts or omissions of the competent Registration Authorities; (iii) malfunctioning of terminals or other communication systems used by the Customer.

5.4 In any event, except in cases of willful misconduct or gross negligence on the part of the Company, the Company's contractual liability to the Customer arising from this SO shall not exceed the total amount actually paid by the Customer with respect to this Service to the Company in the 6 (six) months immediately preceding the occurrence of the event that caused the Customer's injury, if any. It is expressly understood that the limitation of liability set forth in this Article shall not apply with respect to Customers who qualify as "Consumers", i.e., natural persons who purchase or use the Services for purposes unrelated to any entrepreneurial, artisanal, commercial or professional activity they may engage in.

Art. 6. - FEES.
6.1 The terms and methods of payment of the fees due by the Customer for the provision of the Service are indicated in the commercial offer.

Art. 7 - TERMINATION

7.1 Failure by the Customer to comply with even one of the provisions contained in this SO constitutes an essential breach pursuant to Article 1455 of the Italian Civil Code, and shall entitle the Company to terminate this Contract.
7.2 The termination shall operate as of right upon simple receipt by the Customer of a notice, by registered letter with return receipt and/or by Certified E-mail, containing the objection of the non-fulfillment and the intention to avail itself of the termination.

Article 8 - FORCE MAJEURE

8.1 Force Majeure means in any case (but not exclusively): any natural event, lightning or fire, internal unrest, governmental measures, mobilization, war, terrorist attacks, obstacles in transportation, strikes, lockouts, business interruptions, stagnation in supply, unavailability of one or more staff members (due to illness), epidemics, pandemics, import and export barriers.

8.2 In addition, any malfunction or failure of the internet, data, networks, telecommunication and power infrastructure and facilities, cyber-crime, network attacks, (D)DoS attacks, large-scale information attacks, power outages, widespread cyber events suffered by the Company or the Company's subcontractors are considered Force Majeure.

8.3 The party suffering the Force Majeure Event shall not be held in default of this Agreement or otherwise liable to the other party for any delay or failure to perform any obligation (and the time for performance shall be extended accordingly) if and to the extent that the delay or failure to perform is due to a Force Majeure Event. This clause does not extend to the obligation to pay any amount due, which shall in any event be fulfilled upon the termination of the Force Majeure Event, subject to the provisions of Article 8.4 below.

8.4 If the Force Majeure event persists for a continuous period of more than 1 (one) month from the date of commencement, the other party may give notice to the party suffering the Force Majeure event of termination of this contract. The notice of termination shall specify the date of termination, which shall not be less than 7 (seven) business days from the date the notice of termination was given. Once a valid termination notice has been given, this Contract will terminate on the termination date specified in the notice.

Article 9 - APPLICABLE LAW AND COURT OF JURISDICTION.

9.1 This Contract and all rights and obligations arising hereunder shall be governed by and shall be construed in accordance with Italian law.

9.2 Any dispute concerning or arising out of this Contract or its performance shall be devolved to the exclusive jurisdiction of the Court of Florence. In the case of a Contract entered into by a Consumer, the Court of the Customer's domicile or residence shall have jurisdiction.