Last update: March 18, 2024
These supply conditions govern the contractual relationship established between DM di Masserini Davide, located at via Provinciale, 82 Albino (BG), P.I. 03558220160, referred to in this document also as “Ware” or “Supplier”, and the Client for the supply of digital products and services provided.
Definitions
Paid order: an order is marked as “paid” when our staff detects the payment through the available payment methods.
Specifically, for payments made by bank transfer, check, Ri.Ba., PayPal, Stripe, WooCommerce Payments, Amazon Pay, Satispay, the order can be marked as paid within 48 business hours from the actual receipt of the transfer. This allows our staff to detect and validate the transaction.
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.
Registrar: The Registrar is a private organization that has a contract with one or more Registries to offer domain registration and management.
Data: content, information, and files present in a virtual space residing on a device.
Service: the functionalities provided as described on the Supplier’s official website.
Useful Time: for the activation and renewal of Products and Services, useful time is defined as the amount of time necessary to process and detect the payment and then activate or renew the service. For payments made by bank transfer, check, Ri.Ba., the useful time is 7 business days. Renewals made beyond the Useful Time cannot guarantee the Client the timely renewal of the Service.
Parties: the Client and the company Ware.
Extensions: any software installed in the web space, including but not limited to CMS, plugins, components, modules, templates, or frameworks.
Best Effort: the term “Best Effort” indicates a way of offering assistance by trying to do the maximum to complete an operation as quickly as possible, but it does not guarantee that the operation will be completed within a set time or in a specific way.
Quarantine: space where emails marked as “potentially dangerous” or “spam” are transferred for a predetermined period before being completely deleted if not transferred by the Client to the inbox.
Mission Critical: systems, rules, and procedures extremely important for the correct functioning of software or a computer system, which may therefore require significant management time and costs.
Basic Support: Basic Support offers a wide range of free interventions on services. These are configuration interventions, preference settings, or other small interventions provided as a courtesy to the Client.
Premium Support: Premium Support is paid and includes a wide range of extra requests related to the services offered.
Domain Registration
Ware uses some national and international Registrars to register, manage, and renew one or more domains for the Client.
The registration of a domain name takes place in chronological order of the received and paid orders. Unpaid orders requesting domain registration cannot be processed and will be canceled if the due amount is not paid within 3 days from the order activation date.
The successful registration is subject to acceptance by the competent Registrar and Registry for the chosen extension.
A domain that appears free at the time of order may no longer be available at the actual registration moment because, during the time elapsed between when the Client placed the order and when a Supplier staff member initiated the domain registration procedure, someone else (through other Registrars) could have registered the same domain first, although this case has never been encountered.
The domain registration service is assigned to the Client’s name to assign ownership of the domain itself. Any inaccuracies or omissions at the time of the order will slow down the registration process as Ware will request the missing information from the Client.
To ensure the smooth processing of the domain registration, it is necessary to provide all the following information at the time of order:
- Domain name and extension, for example, www.impresarossi.it;
- Indicate if the domain is to be registered to an individual (private) or a legal entity (company or organization);
- First name, last name, address, zip code, city, province, country, phone number, email, tax code of an individual;
- Company name, address, zip code, city, province, country, phone number, email, PEC, VAT number, tax code, 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 expiration approaches, Ware will send a renewal notice to the email address associated with the Client’s account. It is the Client’s responsibility to ensure that emails from Ware are not classified as “spam” or blocked from being received for any reason.
For faster management of notifications related to the registered domain, Ware will use an internal email address that can always be monitored, as the Registrant’s email.
Premium Domains
Some particularly interesting domains may be marked by the Registrar as “Premium”. To register/transfer/renew a Premium domain, the Client must purchase the domain by paying the standard price indicated in the catalog. Subsequently, the client will have the option to pay the final price or request a 100% refund of the amount paid net of expenses incurred for receiving the payment and refund.
Costs of Recovering Expired Domains
If a domain is not renewed by the expiration date, the domain name and the associated services become suspended and placed in different statuses depending on the extension. Each registered extension has its own dedicated policy that may change over time. Generally, all domain extensions have at least two stages following expiration:
- Pending delete / Redemption period: domains not renewed within the Ok / Auto Renew Period or requested for deletion from the Registry. During this period, domains are suspended and the only allowed operation is the recovery of the domain.
- Pending delete / Pending delete: status preceding the definitive deletion of the domain. It cannot be recovered.
To recover a domain in Pending delete / Redemption period status, a penalty fee is required based on the domain extension. The recovery cost for a .it domain is €45.00 + VAT and for a .com domain is €120.00 + VAT. Recovery costs for other extensions vary. For more information, you can write to us at info@sitiware.it, and we will provide further information.
Contract Duration
Each service provided has a duration equal to that indicated in the order form.
Ware services are not renewed in “automatic renewal” mode, except for customized contracts dedicated to Clients who request automatic payment through the activated payment gateway or other predefined agreement.
At the time of renewal, the updated price list applicable at the expiration date and the other contractual conditions active at the time of renewal will apply.
The Client agrees that at the expiration date of each Service, the Parties will automatically be free from their respective obligations.
The Client acknowledges and agrees that it is their sole responsibility to obtain and maintain a copy of the data and/or information and/or content processed through the Service, as once the Contract ends or the Service expires, such data and/or information and/or content may no longer be retrievable.
The Client releases Ware from any and all liability for the possible loss or total or partial damage of data and/or information and/or content entered and/or processed by the Client through the Service(s).
The Client is responsible for restoring data entered and/or processed, subject to reactivation of the Service in question, if necessary by stipulating a new Contract.
When a domain name maintained by Ware for the Client is transferred to another provider and respective Registrar before the Service expires, the Contract will be considered terminated at the end of the transfer procedure. No refund from Ware to the Client is contemplated for the period during which the Service was not used.
The Client, after the Service expires, can recover the domain name registration or request a new assignment by paying the corresponding fee for all the services they intend to activate and any additional amounts required for recovering the domain from the competent Authority.
Ware reserves the right not to continue the 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 a Service termination notice, the transfer costs of one or more Services currently on the Ware infrastructure will not be borne by the Supplier.
Fees, Payment Methods and Terms, Guarantees
Unless specifically agreed between the Parties, the payment of the Service fee as indicated in the price list must be made by the Client at the same time as the order is sent and in any case in advance of the service activation.
The payment made by the Client will bear an identifying number or string. Ware will issue the related electronic invoice within a few days of receiving the payment.
All invoiced amounts will be subject to the applicable VAT, which, together with any other tax burden resulting from the execution of the Contract, will be borne by the Client. The Client releases Ware from any liability 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 that the invoice may be transmitted and/or made available in electronic format.
The Client may use any remaining credits for any reason not applied to any Service to purchase or renew any other services provided by Ware. This option can be exercised by the Client within 12 (twelve) months from the date of such credits. After the above period has elapsed without the Client using the mentioned credit, it will be considered definitively acquired by Ware, and the Client will not be able to claim its return or use.
The Client who intends to pay for the Service through PayPal, Stripe, WooCommerce Payments, Amazon Pay, Satispay, or any other available gateway accepts the terms and conditions of use of the aforementioned services and that such Third Parties store all the data entered (including credit or debit card data), which may be used by the Client to make the payment for any other service provided by Ware.
If, for any reason, the payment is invalid or revoked or canceled by the Client, or is not executed, confirmed, or credited to Ware’s benefit, Ware reserves the right to suspend and/or interrupt the activation and/or provision of the Service with immediate effect if already activated. During the suspension of the Service, for any cause, 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 Gateway
When the Client subscribes to a subscription and chooses to activate a recurring automatic payment through PayPal, Stripe, WooCommerce Payments, Amazon Pay, or another available gateway, a three-party agreement is made: the gateway, the Client, and Ware. In this agreement, the payment method will be authorized to automatically withdraw from the Client’s funds the amount determined based on the expiration agreements defined in the service.
For more information on data administration methods, you can read all the documentation on the gateway provider’s website.
Mission Critical and Liability Limitations
If the Client has purchased a backup service, or if a Service includes the Backup service, although the aforementioned service reduces the risk of data loss and makes it easier for the Client to have a copy of the same, it does not exclude the possibility that such a backup copy, even for technical reasons, may not be available when the Client intends to use it or that it may be corrupted and therefore unusable.
Ware offers no guarantee of integrity on backup files of data and/or information and/or content processed by the Client through the Service. Ware, for its caution, periodically backs up the Service’s potential restoration; this does not relieve the Client from making a complete 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 will not be held responsible in any case for the use of the Service in relation to critical situations that involve, for example, specific risks for people’s safety, environmental damage, specific risks related to mass transportation services, the management of nuclear and chemical plants, and medical devices; in such cases, Ware is available to evaluate and negotiate a specific “mission critical” agreement with the Client, with any respective SLA (Service Level Agreement) terms.
It is understood, and the Client acknowledges and agrees, that Ware is not liable in any way for any damages suffered by the Client and/or Third Parties, directly or indirectly, as a result of the use of 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 undertakes to ensure the best functionality of the system but assumes no responsibility either to the Client or to Third Parties for delays, malfunctions, suspension, and/or interruption of the Service provision due to causes not attributable to it, such as by way of example and not limited to:
- accident, catastrophic events, or force majeure;
- acts of third parties, including Ware’s suppliers;
- malfunction or non-compliance of the connection devices used by the Client or in any case of those used by the Client;
- tampering or interventions on services or equipment carried out by the Client or by third parties not authorized by Ware;
- faults and malfunctions of the machines and software, whether owned by Ware or its suppliers.
Client Obligations and Rights
The Client acknowledges and accepts that registering a domain name involves the inclusion of their personal data in a publicly accessible register maintained by the competent Registration Authority for the chosen extension.
The Client can check within 15 (fifteen) days from the date of domain registration the accuracy of their data in the competent Authority’s database for the chosen extension; if within this period the Client does not raise any objections regarding the correctness of their data, these will be considered correct.
The Client undertakes to keep and use any credentials and/or codes communicated with the utmost confidentiality and diligence, to periodically change them, and to promptly inform Ware of any unauthorized use or any other security violation detected.
The Client must equip themselves, at their own care and expense and under their own responsibility, with all the devices (by way of example and not limited to, telephone, data transmission, processing and programs) suitable and necessary to access and use the Service. Ware makes no warranty about the compatibility of the devices and programs (hardware and software), applications used by the Client with the Service, even if made available by Ware, with all related checks being the sole responsibility of the Client.
The Client acknowledges that the internet network is not controlled by Ware and that due to the peculiar structure of the network itself, its performance and functionality cannot be guaranteed, nor can the content of the information transmitted through it be controlled. For this reason, no liability can be attributed to Ware for the transmission or receipt of illegal information of any nature and kind.
Refunds/h3>
Items bought from Play Ware can only be refunded if the cancellation is made within the refund period stated in this policy. Certain products have unique refund policies or conditions, including some items that are non-refundable under any circumstances. Please refer to the refund terms listed below for specific details regarding these products.
Annual Plans: Within 30 days of the date of the transaction.
Monthly Plans: Within 48 hours of the date of the transaction.
The registration of a domain name cannot be refunded.
Support and Maintenance
Ware provides support to all Clients who report any problems through the channels described on the page https://play-ware.com/assistenza.
In such cases, the Client authorizes Ware and the possible companies appointed by it to carry out the necessary technical intervention.
The Client acknowledges and agrees that the intervention may have variable timescales due to the following criteria:
- type of support requested;
- order of arrival of the request;
- priority nature of the intervention request.
To allow the correct and prompt execution of the requested intervention, the Client undertakes to provide all the specifications and information requested by Ware.
For each technical intervention, the Client:
- declares to be aware that such intervention may have a high degree of risk for the Service’s functionality or the integrity of data and/or information and/or content entered and/or processed by them through the Service;
- before executing the intervention, makes a complete backup of the data and/or information and/or content entered and/or processed by them through the Service;
- releases Ware and/or the companies appointed by it and their personnel, as well as the external companies appointed for the intervention and their personnel, from any liability, direct or indirect, for any damage, of any nature due to the requested assistance interventions.
Ware reserves the right to suspend or interrupt the provision of Services to carry out technical maintenance interventions.
The Client acknowledges and agrees that Ware uses monitoring and cleaning software that automatically performs vulnerability and/or malware and/or virus removal interventions within the files uploaded by the Client in their allocated space. Therefore, the Client releases Ware for any damages, direct or indirect, of any nature due to such automated or manual actions, including but not limited to, those resulting from the Service interruption and/or lack of visibility of the website and/or data loss. Such monitoring and file removal software may detect and resolve files with “false positives,” consequently, it is the Client’s responsibility to maintain an available backup copy in case of occurrence.
Service Suspension
Ware, at its discretion, reserves the right to suspend or interrupt the Service, even without notice if:
- the Client fails, even partially, to comply with Ware’s requests related to the security procedures communicated or requested as a prerequisite;
- There are reasonable grounds to believe that the Service is being used by unauthorized third parties;
- Cases of force majeure or circumstances occur that, at Ware’s sole discretion, require emergency interventions or relate to resolving security issues, danger to the entire network and/or people or things; in such cases, the Service will be restored when Ware, at its discretion, has assessed that the causes that determined its suspension/interruption have been effectively removed or eliminated;
- is requested by the Judicial Authority;
- if there are justified reasons of security and/or confidentiality guarantees;
- if the Client uses defective or non-approved equipment, or equipment presenting malfunctions that may cause security issues and/or Service vulnerabilities, damage the network’s integrity and/or disturb the Service and/or create risks to people’s physical safety and things.
Ware undertakes to ensure the best functionality of the system, but assumes no responsibility either towards its Clients or towards Third Parties for delays, malfunctions, suspension, and/or interruption in the Service provision due to causes not attributable to it.
Withdrawal
The Client may exercise the right of withdrawal within fourteen days from the date of Contract completion without any penalty and without giving reasons.
In case of exercising the right of withdrawal, Ware will refund the Client, within 30 days from the day the intention to withdraw from this contract was communicated, all payments received, net of costs incurred and/or to be incurred, in accordance with Art. 1 paragraph 3 of D.L. 7/2007 converted into L. 40/2007.
Every Client has the right to withdraw from the contract at any time by communicating via email, PEC, or support ticket.
The withdrawal will be effective within 30 (thirty) days from the date of receipt by Ware of the mentioned communication, entitling Ware to deactivate the Service and delete all data present in the Client’s previous web space.
Ware reserves the right to withdraw from the Contract at any time and without obligation to provide reasons, by giving written notice to the Client, with at least thirty days’ notice.
After the above-mentioned period has elapsed, the Contract will be considered terminated and/or ended, and Ware may deactivate the Service at any time without further notice and refund the Client the remaining amount paid, corresponding to the number of unused days, until the next natural expiration of the Contract, net of costs incurred and/or to be incurred.
Any email account offered by Ware includes an antivirus and antiphishing system, active on received emails to identify dangerous messages.
Emails marked as suspicious may contain malware and/or phishing attempts and are therefore discarded or rejected by the sender’s server.
The Client declares to be aware that the algorithms used may fail to identify dangerous emails or may identify as dangerous emails that were desired. Therefore, it will be the Client’s and their Users’ responsibility to equip themselves with additional tools for computer virus protection in addition to the antivirus system provided by Ware and its partner companies.
Some or all of the antivirus/antiphishing system settings on Ware may not be customizable by the user through whitelist and blacklist.
The antispam system automatically analyzes emails based on:
- public lists of IP addresses, domains, or emails reported as senders of unsolicited emails (DNSBL);
- a statistical algorithm, whose parameters are constantly updated based on numerous email samples;
- other techniques, sometimes provided by third parties, confidential.
The Client acknowledges that for as sophisticated as they are, the algorithms used may reject and/or transfer to the spam folder or Quarantine emails that were desired and that, conversely, may not reject and/or transfer to the spam folder or Quarantine unwanted messages.
Ware declines any responsibility in relation to the contents and any other illegal behavior carried out by the Clients, which remains their exclusive responsibility, recognizing that sending emails constitutes an autonomous activity attributable exclusively to their responsibility.
The Client acknowledges and agrees that Ware cannot be held responsible for any malfunction related to the use of the Email service, including but not limited to:
- emails not sent;
- emails not received;
- missing emails;
- emails sent but not delivered;
- emails sent and received in the recipient’s Quarantine or spam folder.
Email Flex, Gigamail, and Infinity Mailboxes
When a Gigamail or an Infinity Mailbox is activated following the activation of the Email Flex service, the price of the 5GB block or unlimited space of the Infinity Mailbox will be calculated based on the remaining months until the service’s expiration. For the Gigamail block, a fee of €0.75 + VAT is required for each remaining month. For the Infinity Mailbox €2.23 + VAT / month. The number of remaining months is calculated by rounding down the number of remaining months to the expiration. (For example, if the block activation occurs today, March 18, and the Email Flex service expires in September, the number of remaining months will be 7.)
Backup Without Sufficient Space
The client with a web hosting account associated with the web management service (All in One or Joomla Power or other services) may receive temporary expansion of their web space solely for the purpose of backing up the folder related to the website; however, the backup service is not guaranteed. The Client will be notified of the possibility of expanding the web space available to them or other options to reduce the current occupied space and allow manual file backup in their account.
Web Management
The Client acknowledges and agrees that Ware may access at its discretion and at any time the administration panel of both the web hosting service and the CMS or application linked to the web management service and perform one or more of the following actions:
- suspension of the website;
- backup creation and remote upload to an external company’s provider (AWS™ S3 for backup storage service);
- updating the CMS core;
- updating one or more extensions;
- modifications to any file or site content for performance analysis and improvement purposes;
- modification of the PHP version;
- modification of any hardware and software setting related to the server.
The Client acknowledges that the managed tools are not developed or controlled by Ware and that due to their peculiar composition, it is not possible to guarantee their performance and functionality nor to control the contents of the information updated and modified through the web management service. For this reason, no liability can be attributed to Ware for the lack of integrity of contents or any data as a result of the provided service.
Remote Backup for Accounts with Web Management Service
The Client with the web management service, in addition to the regular backup operations performed in an automated manner 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 web space dedicated to the Client in Amazon S3. The service does not relieve the Client from making a complete backup of the data and/or information and/or content entered and/or processed through the Service, downloading the backup locally, and taking all necessary security measures to safeguard them. The service creates a monthly backup copy and stores it for 12 months or until a total of 20GB is reached. If necessary, additional storage space can be purchased for additional remote storage by sending us an email communication.
For website backup recovery, the restoration time is approximately 24 hours on business days. For Clients with “mission critical” needs, a separate contract containing their acceptance clauses having priority over the general terms and conditions of use can be stipulated.
Support Requests for Faults or Malfunctions
The Client can receive support for faults or malfunctions without any limitation.
Basic Support Requests
The Client acknowledges and agrees to have the possibility of opening a limited number of Basic Support requests monthly based on their account type. The number of Basic Support requests is limited to 10, with due tolerance in specific situations.
Below are some examples of Basic Support requests:
- creating an email account
- changing the password of an email account
- configuring a robots.txt file
- configuring an htaccess.txt file
- configuring a spam filter
- installing approved extensions, plugins, and themes by Ware
- restoring a site from backup
- resolving the “white page” problem without guarantees of resolution
- diagnosing plugin-related issues
- intervention on the database
- performance and loading time optimization of the site
- updating the CMS core
- changing username and/or password of a CMS user
Ware, if the support request conditions become relatively excessive, reserves the right to consider any request as a paid service upon notification to the Client.
Disclaimer for Performance and Results on Third-Party Sites
The Client acknowledges that Third-Party websites, such as but not limited to www.google.it, www.google.com, www.bing.com, www.yahoo.com, www.yandex.com, are beyond the Supplier’s control and any activity detected within the aforementioned sites cannot be attributed to Ware. Indexing and ranking activities on search engines are processed based on proprietary algorithms not under Ware’s competence, which does not guarantee any performance or presence within any third-party site database. The Client can request a specific SEO service with separate conditions for particular services related to search engine optimization activities.
Loky
The Loky service is provided according to the AES 128-bit encryption standard, through an HTTPS connection with a certificate from Lets Encrypt or cPanel, and with the option to enable two-step verification. Ware offers no guarantees regarding the security of the information stored within its web space other than that related to the type of technology used. Ware will back up the data for a limit of 15 days preceding today’s date; however, the integrity of the saved information is not guaranteed. The Client has the option to export their passwords through the appropriate function in their account.
QR Mate
The QR Mate service is a software that allows the creation of static or dynamic QR codes. The Client is required to verify the functionality of the code before proceeding with its possible distribution or printing. The Supplier cannot be held responsible for any errors or issues related to the QR code.
For any questions, clarifications, or information on our terms and conditions of use, you can write to us at info@sitiware.it, and we will be happy to answer you as soon as possible.
Last update: March 18, 2024