Terms and conditions

These terms of service govern the contractual relationship between DM di Masserini Davide, located in via Provinciale, 82 Albino (BG), VAT 03558220160, referred to in this document as “Ware” or “Provider,” and the Client for the provision of the supplied digital products and services.

Definitions

Basic Support: Basic Support is included free of charge in our services. It offers a wide range of free interventions on the services, such as configuration, preference settings, or other minor interventions provided as a courtesy to the Client.

Premium Support: Premium Support is a paid service that includes a wide range of additional requests related to the offered services.

Registration Authority: The entity that manages the registration of one or more domain extensions. For example, the Registration Authority for .it domains is the Italian NIC.

Best Effort: The term “Best Effort” indicates an approach to assistance where every effort is made to complete an operation as quickly as possible but does not guarantee the completion, timing, or success of the operation.

Data: Content, information, and files present in a virtual space that resides on a device.

Extensions: Any software installed in the considered web space, including but not limited to CMS, plugins, components, modules, templates, or frameworks.

MoR (Merchant of Records): A legal entity responsible for selling goods or services to the end consumer. It handles payments and manages all related fiscal and bureaucratic obligations of the transaction.

Mission Critical: Systems, rules, and procedures that are extremely important for the proper functioning of software or an IT system and therefore require significantly higher handling times and costs than standard procedures.

Parties: The Client and the company Ware.

Payment Processors: One of the available payment methods. Currently, Ware accepts payments via bank transfer, PayPal, and Stripe. Additional payment methods, such as Amazon Pay, Satispay, WooCommerce Payments, Paddle.com, or others, may be activated by Ware for specific Clients, products, or special services.

Quarantine: A virtual space where emails flagged as “potentially dangerous” or “spam” are stored for a predefined period before being permanently deleted unless moved by the Client to another space.

Paid Order: An order is marked as “paid” when Ware detects and records the payment through the available transactional methods on the reference date.

Specifically, for payments made via bank transfer, check, PayPal, Stripe, WooCommerce Payments, Amazon Pay, or Satispay, the order may be marked as paid only after the actual receipt of the payment.

Registrar: A Registrar is a private organization offering the registration and management of domains, sometimes in collaboration with Registries, which are private, governmental, or semi-governmental entities authorized to manage one or more domain extensions.

Service: The functionalities provided as described on the Provider’s official website.

Useful Time: For the activation and renewal of Products and/or Services, the useful time is defined as the time required to process and detect the payment and subsequently activate or renew the service. For payments via bank transfer, check, Ri.Ba, or other manual methods, the useful time is 7 business days. Renewals made beyond the Useful Time cannot guarantee the punctual renewal of the Service for the Client.

Domain Registration

Ware uses various national and international Registrars to register, manage, and renew one or more domains for the Client.

The registration of a domain name follows the chronological order of received and paid orders. Unpaid orders requiring domain registration cannot be processed and may be canceled if the due amount is not paid within 3 days from the order activation date.

The successful registration depends on acceptance by the competent Registrar and Registry for the chosen extension.

A domain that appears available at the time of order might no longer be available during the actual registration process because another party may have registered the same domain in the interim.

The domain registration service is assigned to the Client’s name to establish domain ownership. Any inaccuracies or omissions by the Client during the order process may delay the registration process, as Ware will need to request the missing information from the Client.

To ensure a smooth registration process, the following information must be provided during the order:

• Domain name and extension, e.g., www.example.com;
• Specify if the domain will be assigned to an individual (private) or a legal entity (company or organization);
• Name, surname, address, ZIP code, city, province, country, phone number, email, and for .it domains, the tax code of an individual;
• Company name, address, ZIP code, city, province, country, phone number, email, PEC, VAT number, tax code, and unique code for electronic invoicing of the company or organization;
• Duration of the registration period.

The domain registration is maintained until the contract expires. As the contract expiry date approaches, Ware will send notices to the email address associated with the Client’s account. It is the Client’s responsibility to ensure that emails from Ware are not marked as “junk mail” or blocked for any reason. Ware may also notify the Client via other means, such as SMS, WhatsApp, Telegram, or phone, without being obligated to do so.

To facilitate the management of the registered domain, Ware may use a dedicated internal email address as the Registrant’s email.

Costs for Recovering Expired Domains

If a domain is not renewed within the useful time relative to its expiration, the domain name and associated services are suspended and placed in states (as detailed below) that vary in duration depending on the extension. Each registered extension has its dedicated policy, which may be subject to changes over time. Generally, all domain extensions have at least two stages after expiration:

• Pending delete / Redemption period: Domains not renewed within the “Ok / Auto Renew Period” or for which deletion has been requested by the Registry. During this period, domains are suspended, and the only permitted operation is domain recovery.
• Pending delete / Pending delete: The status preceding the final deletion of the domain. Recovery is not possible.

To recover a domain in the “Pending delete / Redemption period” status, a penalty fee imposed by the Registrar must be paid, which varies based on the domain extension. The recovery cost for a .it domain is €45.00 + VAT, and for a .com domain, it is €120.00 + VAT. Recovery costs for other extensions vary. For more information, you can contact us at info@sitiware.it for updated recovery costs.

Contract Duration

Each provided service lasts for the period specified in the order form.

Ware’s services are not renewed under “automatic renewal.” Clients using automatic payment methods via “Payment Processors” benefit from automated transactions but must verify their successful execution.

At the time of renewal, the updated price list and the current contractual conditions will apply as of the expiration date.

The Client agrees that upon the expiration of each Service, the Parties are automatically released from their respective obligations.

The Client acknowledges and accepts that it is their sole responsibility to obtain and maintain a copy of the data and/or information and/or content processed via the Service, as once the Contract ends or the Service expires, such data and/or information and/or content may no longer be recoverable. The Client may request a one-time or periodic provision of a total or partial copy of their account data.

The Client releases Ware from any and all liability for any loss or damage, total or partial, of data and/or information and/or content entered and/or processed by the Client through the Service.

It is the Client’s responsibility to restore data entered and/or processed, subject to the reactivation of the relevant Service, if necessary by entering into a new Contract. The Client may request Ware’s data restoration service.

When a domain name maintained by Ware for the Client is transferred to another provider and respective Registrar before the Service’s expiration, the Contract will terminate at the end of the transfer procedure. Ware will not refund the Client for the unused Service period.

If the Client’s new provider uses the same Registrar as Ware or if Ware is required to perform administrative tasks for external causes (e.g., completing forms or procedures to finalize the transfer), Ware reserves the right to charge a one-time fee for fulfilling such a request.

After the expiration of the Service, the Client may recover the domain registration or request its reassignment by paying the applicable fees for all services they wish to activate, as well as any additional recovery costs required by the competent Authority.

Ware reserves the right not to continue its relationship with the Client at its sole discretion, in which case the Client will be notified 30 days before the Service termination. In the event of Service termination notice, transfer costs for one or more Services currently on Ware’s infrastructure will not be borne by the Provider.

Fees, Payment Methods and Terms, Guarantees

Unless otherwise agreed upon by the Parties, the payment for the Service, as indicated in the price list, must be made by the Client at the time of order submission and in any case in advance of the service activation.

The payment made by the Client will include an identifying number or string. Ware will issue the related electronic invoice within a few days of receiving the payment.

For Italian Clients, VAT will be applied to all invoiced amounts, which, along with any other tax obligations arising from the execution of the Contract, will be borne by the Client. The Client releases Ware from any responsibility arising from transactions or payments made.

Ware guarantees the regular renewal of the Service only in cases where the payment is received within the Useful Time.

The Client agrees to receive the invoice in electronic format, either sent or made available.

The Client may use any remaining credits that, for any reason, have not been applied to a Service to purchase or renew any other Ware-provided services. The Client can also request a refund, which may be issued, but not exclusively, through the payment method used for the initial transaction. This option may be exercised within 12 (twelve) months from the date of credit. After the specified period, without utilizing the aforementioned credit, it will be permanently acquired by Ware, and the Client will no longer be entitled to its return or use.

Clients intending to pay for the Service through PayPal, Stripe, WooCommerce Payments, Amazon Pay, Satispay, or any other available gateway agree to the terms and conditions of these third-party services. These services will retain all entered data (including credit or debit card information), which the Client may use for payments for any other Ware-provided services.

If, for any reason, the payment is invalid, revoked, or canceled by the Client, or if it is not executed, confirmed, or credited to Ware, Ware reserves the right to suspend and/or terminate the activation and/or provision of the Service immediately. During the suspension of the Service, for any reason, the Client will not have access to data and/or information and/or content entered, transmitted, and/or otherwise processed through the Service.

Automatic Payments Through the Payment Processor

When the Client subscribes to a service and chooses to activate recurring automatic payments through PayPal, Stripe, WooCommerce Payments, Amazon Pay, or other available gateways, a three-party agreement is established between the Payment Processor, the Client, and Ware. In this agreement, the payment method is authorized to automatically withdraw the agreed-upon amount from the Client’s funds based on the defined service renewal schedule.

For more information on data administration, please refer to the documentation available on the Payment Processor’s official website.

Mission Critical and Limitation of Liability

In cases where the Client has purchased a backup service or a Service that includes a backup feature, while the mentioned service reduces the risk of data loss and simplifies data access for the Client, it does not exclude the possibility that such backup copies, even for technical reasons, may not be available or may be corrupted and therefore unusable.

Ware provides no guarantees regarding the integrity of backup files for data and/or information and/or content processed by the Client through the Service. For precautionary reasons, Ware periodically performs backups for potential Service restoration; however, this does not exempt the Client from carrying out a full backup of the data and/or information and/or content entered and/or processed through the Service and taking all necessary security measures to safeguard them.

Ware shall not be held responsible for the use of the Service in critical situations that involve, for example, specific risks to human safety, environmental damages, risks in mass transport services, nuclear and chemical plant management, or medical devices. In such cases, Ware is open to evaluating and negotiating a specific “mission critical” agreement with the Client, including respective SLA (Service Level Agreement) terms.

The Client acknowledges and accepts that Ware is not liable for damages incurred directly or indirectly by the Client or third parties as a result of using the Service.

Ware reserves the right to periodically modify the access credentials to the Service, which will be promptly communicated to the Client through a secure channel.

Ware is committed to ensuring the best functionality of the system but assumes no liability to either the Client or third parties for delays, malfunctions, suspension, or interruption of Service provision due to causes beyond its control, including but not limited to:

• Force majeure or catastrophic events;
• Actions by third parties, including Ware’s suppliers;
• Malfunctions or non-conformities in the Client’s connection devices or those used by the Client;
• Interference or unauthorized modifications by the Client or third parties to the services or equipment;
• Breakdowns and malfunctions of machinery or software, whether owned by Ware or its suppliers.

Client Obligations and Rights

The Client acknowledges and accepts that registering a domain name entails the inclusion of their personal data in a publicly accessible registry maintained by the relevant Registration Authority for the chosen extension.

The Client may verify the accuracy of their data in the database of the relevant Authority for the chosen extension within 15 (fifteen) days from the domain registration date. If no objections are raised regarding the accuracy of the data within this period, the data will be considered correct.

The Client agrees to keep and use any credentials and/or codes provided with maximum confidentiality and diligence, to periodically update them, and to promptly inform Ware of any unauthorized use or any other security violations identified.

The Client is responsible for procuring and maintaining, at their own expense and risk, all equipment (e.g., telecommunication devices, data transmission tools, software, and programs) necessary to access and use the Service. Additionally, the Client must ensure that their hardware and software are licensed and regularly updated, including the operating system, applications, and device drivers. Ware provides no warranty regarding the compatibility of the Client’s devices and programs (hardware and software), including those provided by Ware, with the Service. All compatibility checks are the sole responsibility of the Client.

The Client acknowledges that the internet is not controlled by Ware and that, due to the peculiar structure of the internet, its performance and functionality cannot be guaranteed. Therefore, Ware cannot be held liable for the transmission or receipt of illegal information of any nature or kind.

Support and Maintenance

Ware provides support to all Clients who report issues via the channels described on the support page.

In such cases, the Client authorizes Ware and any companies it assigns to perform the necessary technical intervention.

The Client acknowledges and accepts that the timing of interventions may vary based on the following criteria:

• The type of support requested;
• The order in which requests are received;
• The priority level of the intervention request.

To ensure correct and prompt execution of the requested intervention, the Client agrees to provide all specifications and information requested by Ware.

For each technical intervention, the Client:

• Declares awareness that such intervention may carry significant risks to the functionality of the Service or the integrity of data and/or information processed through the Service;
• Performs a full backup of data and/or information processed through the Service before the intervention;
• Releases Ware and its assigned companies and personnel, as well as external companies and their personnel, from any liability for direct or indirect damages caused by the requested interventions.

Ware reserves the right to suspend or interrupt the Service to perform technical maintenance interventions.

The Client acknowledges and accepts that Ware uses monitoring and cleaning software that performs automated interventions to remove vulnerabilities, malware, and/or viruses found in files uploaded by the Client. Therefore, the Client releases Ware from any liability for direct or indirect damages caused by such automated or manual actions, including but not limited to Service interruptions, website visibility issues, or data loss. These software tools may also identify and address false positives, making it the Client’s responsibility to maintain a backup copy in case of occurrence.

Service Suspension

Ware reserves the right to suspend or terminate the Service at its sole discretion and without prior notice if:

• The Client fails, even partially, to comply with Ware’s security procedure requests;
• There are reasonable grounds to believe the Service is being used by unauthorized third parties;
• Force majeure or circumstances, at Ware’s discretion, require emergency interventions or security resolutions that threaten the network, people, or property;
• Requested by Judicial Authorities;
• For security and/or confidentiality concerns;
• The Client uses faulty or unauthorized equipment, causing security vulnerabilities or risks to the network and physical safety.

Ware ensures optimal system functionality but assumes no liability for delays, malfunctions, or Service interruptions beyond its control.

Withdrawal

The Client may exercise their right to withdraw within 14 days from the Contract completion date without penalties and without providing reasons.

If the withdrawal right is exercised, Ware will refund the Client within 30 days of receiving the withdrawal request, minus any incurred or future costs, as stipulated in Article 1, Paragraph 3 of Legislative Decree 7/2007, converted into Law 40/2007.

The Client may withdraw from the contract at any time via email, PEC, or support ticket. The withdrawal will take effect within 30 (thirty) days of Ware receiving the communication, legitimizing Ware to deactivate the Service and delete all Client data from their web space.

Ware reserves the right to withdraw from the Contract at any time without obligation to provide reasons, giving written notice to the Client with at least thirty days’ notice.

After the above period, the Contract will be terminated, and Ware may deactivate the Service at any time without further notice, refunding the remaining paid amount for unused days up to the next natural expiration date, minus incurred or future costs.

Email

Any email account provided by Ware includes an antivirus and anti-phishing system designed to detect dangerous messages.

Emails flagged as suspicious may contain malware and/or phishing attempts and are therefore discarded or rejected by the sender’s server.

The Client acknowledges that the algorithms used may fail to identify dangerous emails or may flag legitimate emails as dangerous. It is the Client’s responsibility to use additional tools to protect against computer viruses, in addition to the antivirus provided by Ware and its partners.

Some or all settings of the antivirus/anti-phishing system on Ware may not be customizable by the user through whitelist and blacklist settings.

The anti-spam system automatically analyzes emails based on:

• Public IP, domain, or email address lists flagged as spammers (Real-time Blackhole List – DNSBL);
• A statistical algorithm with parameters constantly updated based on numerous email samples;
• Other techniques, sometimes provided by third parties, which are confidential.

The Client acknowledges that, despite the sophistication of these algorithms, legitimate emails may be rejected or transferred to spam or quarantine folders, and unwanted messages may not be flagged.

Ware declines all responsibility for the contents or any illegal behavior by the Client, who bears full responsibility for their email actions. The Client acknowledges that sending emails is an autonomous activity attributable solely to their responsibility.

The Client agrees that Ware cannot be held responsible for any malfunctions related to the email service, including but not limited to:

• Emails not sent;
• Emails not received;
• Missing emails;
• Emails sent but not delivered;
• Emails sent and delivered to the recipient’s quarantine or spam folder.

Email Flex, Gigamail, and Infinity Mailboxes

When a Gigamail or Infinity Mailbox is activated after the Email Flex service activation, the price for the 5GB block or the unlimited space of the Infinity Mailbox will be calculated based on the remaining months until the service expiration. The Gigamail block is charged at €0.75 + VAT per remaining month. The Infinity Mailbox is charged at €2.23 + VAT per month. The remaining months are rounded down to the nearest whole number. (For example, if the activation occurs on March 18 and the Email Flex service expires in September, the remaining months will be 7.)

Web Management

The Client acknowledges and accepts that Ware may access the administration panel of the web hosting service or the CMS/application linked to the web management service at any time and at its discretion to perform one or more of the following actions:

• Temporarily suspend the website;
• Create a backup and upload it to an external provider (AWS S3 for backup storage);
• Update the CMS core;
• Update one or more extensions;
• Modify any file or content on the website for analysis and performance improvement;
• Change the PHP version;
• Modify any hardware or software settings related to the server.

The Client acknowledges that the tools managed are not developed or controlled by Ware and that their performance and functionality cannot be guaranteed. Therefore, Ware is not liable for any data integrity issues resulting from the services provided.

Remote Backup for Web Management Accounts

The Client using the web management service, in addition to regular automated backups within their web hosting account, receives an additional backup and storage service.

The service creates a copy of the website and transfers it to a dedicated web space on Amazon S3. However, this does not exempt the Client from maintaining a full backup of their data and taking all necessary measures to safeguard them. The service performs a monthly backup, stored for 12 months or until a total of 20GB is reached. Additional storage can be purchased by contacting Ware via email.

Restoring backups for websites typically takes about 24 hours on business days. Clients with “mission critical” needs may enter into a separate agreement with priority terms over the general terms of use.

Assistance Requests for Malfunctions

Basic Assistance Requests

The Client acknowledges that they can submit a limited number of Basic Assistance requests per month, depending on their account type. Basic Assistance requests are limited to 3, with leniency for specific situations.

Examples of Basic Assistance requests include:

• Creating an email account;
• Changing an email account password;
• Configuring a robots.txt file;
• Configuring an htaccess.txt file;
• Setting up spam filters;
• Installing approved plugins, extensions, or themes;
• Restoring the site from a backup;
• Resolving the “white page” issue (without guarantees);
• Diagnosing plugin-related issues;
• Database interventions;
• Optimizing site performance and loading times;
• Updating the CMS core;
• Changing CMS user names and passwords.

Ware reserves the right to classify a request as a paid service if it exceeds the time allocated for free assistance, with prior notification to the Client.

Exclusion of Responsibility for Third-Party Sites

The Client acknowledges that third-party websites, such as but not limited to www.google.it, www.bing.com, or www.facebook.com, are beyond the Provider’s control. Activities on these sites are governed by proprietary algorithms. Ware provides no guarantees regarding performance or presence in any third-party database. SEO services can be requested separately.

Official Domains

Ware offers its services through the following domains:

• https://sitiware.it;
• https://play-ware.com;
• https://ware.international;
• https://ware.ly;
• https://davidemasserini.com;
• https://dmware.it;
• https://dmware.com;
• https://dmware.host;
• https://dmware.dev;

Purchases or communications outside these domains may be fraudulent. Emails not ending with one of these domains may also be phishing attempts.

Foreign Clients

Ware provides its services to Clients outside Italy through the Merchant of Records (MoR) Paddle.com. Purchases can be made at https://play-ware.com or https://ware.international. Terms, conditions, and privacy policies are available on the official Paddle website: https://paddle.com.