According to art. 13, Legislative decree n. 196, 2003 (Hereinafter Privacy code), Borè srl, responsible for data processing, INFORMS You That the personal data will be used, with manual and automated instruments, to follow up on your requests for information and for administrative purposes. The owner of treatment is Borè srl, which for some activities could address it to external companies for the purposes described above. The conferment of data, which is not provided for either communication or dissemination, is optional, and in its absence we can not fulfil your requests. The treatment and the employees involved to process requests from the site may be aware of your personal data exclusively for the aforementioned purposes. You have the rights provided for by art. 7 of the Privacy Code, which provides, among others, that you may obtain the cancellation, correction, updating of the data by contacting the owner.

Terms and conditions of the license agreement for use of the temporary platform ePubEditor

Identification of Supplier

The services covered by these General Conditions are offered for sale by Borè srl Via Roma, 73 - 73039 Tricase (LE), IT VAT no.: 04272540750 hereinafter referred to as "Supplier".

1.Definitions

The Supplier, Borè srl, is a company that deals with the development of web applications, providing services related to digital publishing, including training;

1.1. The term "Supplier" means the person specified in the inscription, that is the person providing the services;

1.2. The term "Purchaser" shall mean the final subject - physical person or company - that intends to use the services of the platform ePubEditor;

1.3.The term "contract of sale on line" means the contract of temporary license for personal use on services provided by the Supplier, stipulated between the Supplier and the Purchaser as part of a sales system at a distance through telematic tools, organized by the Supplier;

1.4. The term "service" means the commitment to carry out any provision in favour of and/or on behalf of the Purchaser and that does not result in the purchase, supply or production of material goods to the same. The supply of any goods instrumental to the provision of the service itself shall not change the nature, for the purposes of this contract;

1.5. The term "techniques of distance communication" means any means, without the simultaneous physical presence of the trader and the consumer, may be used for the conclusion of the agreement between those parties;

2. Subject of the contract

2.1. Under this contract, respectively, the Supplier sells and the Purchaser purchases remotely via telematics those services listed and offered for sale on the site www.epubeditor.it;

2.2. ePubEditor requires an Internet connection active and working on each computer that is used. The settings and the characteristics of the connection are edited by the Recipient of the temporary license;

2.3 Any use of the Software, other than those accepted and described in the Contract, cancel its license and may cause the reporting of data to the competent authorities;

2.4 The submission and the explicit approval of the terms of this Agreement precedes the submission of any request for subscription and engages the Recipient of the temporary license for the respect of what read and approved;

3. Mode of execution of the contract

3.1. The contract between the Supplier and the Purchaser is concluded exclusively via the Purchaser accessing www.epubeditor.it, where, following these steps, the Purchaser can formalize the proposal for the purchase of the services referred to in section 2.1 of the previous article.

3.2 The Licenses are granted by subscription for a period of 365 days on request of the customer and after the successful outcome of the pre-payment of compensation required for each period;

3.3 The payment is made through online payment via paypal/credit card or bank transfer. For completion of payment, the subscription period is activated and is issued and sent regular invoice addressed to the Recipient of Licenses temporary;

3.4. The subscription period of use is continuous, from the start date to the expiration date and cannot be broken or interrupted for any reason. The Recipient of Licenses is temporary responsible for the availability of the settings and correct operation of the network connection, which is essential for the use of the program and operation and settings of computer or computers used;

3.5. At the time of purchase, the customer selects the type of license chosen temporary and could avail oneself of the functions illustrated. The license is not transferable, that is it cannot be resold, donate, give in lease, free loan. etc…;

4. Timing and mode of execution

4.1. The Supplier shall provide the service to the Purchaser in the form of these choices or as specified on the website at the time of supply of the same, as confirmed in the e-mails referred to in section 3;

4.2. Provision of the service shall commence within the time specified by the Supplier on its website at www.epubeditor.it and in any case no later than five (5) working days after confirmation of the order. In the event that the Supplier is unable to provide the service within this period, prompt notice shall be given by e-mail to the Purchaser, with an indication of when the Supplier expects to be able to commence the provision, or the reasons that make provision of the service definitively impossible;

4.3. The contract shall have the duration specified in the tender and shall automatically terminate at the expiration of the term, unless the Purchaser has expressed to the Supplier his/her intention to renew the contract using the renewal procedures offered by the site. In this case, the contract shall have an equal duration and shall cease under the same conditions;

5. Prices

5.1. The range of services offered and discussed on the website www.epubeditor.it, with their applicable prices, and these general terms and conditions are to all effects offered to the public pursuant to Article 1336 of the Civil Code;

5.2. The prices of services referred to in the preceding paragraph include VAT and any other taxes. Any costs for the use of distance communication methods used for the provision of the service, which are subject to rates which are different to and/or higher than those routinely used for the same activities, where not included in the purchase price, shall be indicated and calculated in the procedure purchase prior to the order by the purchaser and also contained in the web page summary of the order;

5.3. The prices indicated for each of the services offered to the public are valid until the date indicated on the site;

5.4. If the Supplier finds it necessary to modify the conditions of provision of the service or the price after the beginning of said provision, it must give reasonable notice to the Purchaser, who shall be free to choose whether to continue the contract under the new conditions or terminate it, without incurring any additional costs or penalties. The choice must be communicated in writing to the Supplier within the following 10 days. The provisions of section 13 on repayment and refunds shall then apply;

6. Contents

6.1. Each holder of an account ePubEditor can insert Contents, of which will retain all property rights;

6.2. The content produced by User in the subscription period may be downloaded, used and commercialized outside of the platform. The Supplier is not responsible for the preservation of the content on its platform during or at the end of the license;

6.3. The User recognizes and accepts to be the only responsible for his own Content and the consequences of their uploading or publication. ePubEditor expressly disclaims any responsibility for the contents;

6.4. The User recognizes and guarantee to have (and continue to have during the use of the Service) all necessary licenses, rights, consents, and permissions required and otherwise to use the Content in the manner contemplated by the Service and these Terms;

6.5. It is not allowed to publish or upload Content that contain material that is illegal to own in Italy as well as in the country where the user is resident;

6.6. The Contents may not contain any copyrighted material of third parties or subject to other third party proprietary rights (including privacy rights or publicity rights) unless the user does not have a formal license or permission from the rightful holder or is otherwise legally entitled to post the material in question;

6.7. ePuEditor reserves the right (but not the obligation), at the moment becomes aware of any potential violation of these Terms, to decide if the contents are complying with the requirements provided in these Terms and may remove such Contents and/or inhibit the access of a user to upload contents that violate these Terms at any time, without notice and at its exclusive discretion;

6.8. The user also recognizes and accepts that during the use of Service may be exposed to Content that are factually inaccurate, offensive, indecent, or otherwise reprehensible to him/her. The user accepts to renounce, and hereby agree to renounce to any right or legal remedy or equitable remedy that has or may have against ePubeditor with reference to any of such Content;

7. Content of ePubEditor

7.1 With the exception of the Contents submitted by the user in the service, all other Contents in the Service are alternatively owned by ePubeditor and are copyrighted, trademark rights and other intellectual property rights. These contents cannot be downloaded, copied, reproduced, distributed, transmitted, diffused, displayed, sold, licensed, or otherwise exploited for any other purpose. Provider reserves all rights not expressly granted on, and compared to, their contents;

8. Service Availability

8.1. The Supplier warrants the processing and delivery of orders without delay through the electronic system used. To this end it indicates in real time, on its website, if necessary and/or possible, the time and mode of delivery of the service;

8.2. If the request for the service exceeds the actual capacity/ability of the Supplier, it shall make known to the purchaser via e-mail whether the service is suspended, has become permanently unavailable, or what the waiting times will be to obtain provision of the service, asking whether he/she wants to reconfirm the order or not;

8.3. The computer system of the Supplier shall confirm as soon as possible the registration of the order by sending a confirmation by e-mail, in accordance with section 4.2;

9. Limitation of Liability

9.1. The Supplier assumes no liability for disruptions caused by force majeure, in the event that it fails to execute the order within the time stipulated in the contract or finds itself in the position of not being able to provide the service in whole or in part as promised;

9.2. The Supplier shall not be liable to the Purchaser, except in cases of wilful misconduct or gross negligence, for any outages or malfunctions associated with the use of the Internet which are outside its control or that of its subcontractors;

9.3. The Supplier shall not be liable for any damages, losses and costs incurred by the Purchaser as a result of breach of contract for reasons not attributable to itself, and the Purchaser shall only be entitled to a refund of the price paid and any additional costs incurred;

9.4. The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards, cheques and other means of payment, when making payment for services purchased, if it can prove that all possible precautions were taken based on the best knowledge and experience of the moment and on the basis of ordinary diligence;

9.5. The Supplier assumes no liability for the content and products made by the Purchaser through the services offered by the site and the use of the same;

10. Guarantees and assistance

10.1. The Supplier shall be liable, beyond the provisions of section 8 above, only for the interruption, suspension or non-compliance of the service provided with regard to the characteristics described at the time of the proposal on the website www.epubeditor.it;

10.2. For the purposes of the provisions of the following numbers 9.3, 9.4, 10.5 and 9.6, the Purchaser is obliged to inform the seller of the interruption, suspension or lack of conformity within a period of 10 days from the date on which the event becomes known to the Purchaser. The complaint is not required if the Supplier has acknowledged the existence of the problem. The Purchaser shall retain, in any case, the right to terminate the contract and to take action to obtain compensation for any damage suffered, provided that it has reported the defect within the statutory time limits;

10.3. Whatever the suspension, interruption or failure of the service provided there, the Purchaser may request, alternately and without charge, under the conditions described below, the restitution of the service purchased or the supply of an equivalent service, a reduction of the purchase price or the termination of this contract, unless the request is objectively impossible to meet or it is prohibitively expensive for the Supplier in relation to the value of the service provided;

10.4. The request must be sent in writing, by registered mail with return receipt or by certified mail, to the Supplier, which will indicate its willingness to act on the request, or the reasons that prevent it from doing so, within 7 working days of receipt. The same notification in which the Supplier has accepted the Purchaser's request must indicate the mode and restitution time of the service or the activation time of the equivalent service or the application of a price reduction;

10.5. If restitution of the service or its replacement by another equivalent service are impossible or prohibitively expensive, or the Supplier has failed to repair or replace the service with another equivalent service within the period referred to in the preceding section or, lastly, the replacement previously carried out has caused significant inconvenience to the Purchaser, he/she may request, at his/her option, an appropriate reduction of the price or, having fulfilled all the requirements of the law, the termination of the contract. The Purchaser shall in such case give its request to the Supplier, which shall indicate its willingness to act on the same, or the reasons that prevent it from doing so, within 7 working days of receipt;

10.6. The same notification in which the Supplier has accepted the Purchaser's request shall indicate the proposed reduction in the price or the manner prescribed for the refund of the price of the service. In such cases, the Purchaser shall bear the responsibility of indicating the method of crediting the amounts previously paid to the Supplier;

11. Purchaser's Obligations

11.1. The Purchaser agrees to pay the price of the service purchased in the time and manner specified in the contract and to communicate to the Supplier all the necessary data to make possible the proper performance of the service;

11.2. In no event shall the Purchaser be liable for delays or mistakes in payment if he/she can prove that the payment was made in the time and manner specified by the Supplier;

11.3. The information contained in this contract, however, has been already examined and accepted by the Purchaser, who has acknowledged this fact, as this step is mandatory before purchase confirmation;

11.4. The Purchaser undertakes not to disclose his/her personal password and login details for the system to any third parties, on pain of immediate termination of the contract;

11.5. The Purchaser, in the event that he/she has signed a "Team" subscription, as described on the site www.epubeditor.it, undertakes not to disclose the "Team" code received by email to any parties who are not directly related to the organisation/entity/institution/company/school of which the Purchaser has declared him/herself a member, on pain of immediate termination of the contract;

12. Obligations of the Supplier

12.1. Except as specifically provided as obligations of the Supplier in the preceding points, considered here to be explicitly stated, the same undertakes to provide the service with the utmost diligence, good faith and fairness;

12.2. In no event may the Supplier suspend the provision of the service if the breach by the Purchaser is minor;

13. Right of withdrawal

12.1. The Purchaser in all cases has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 working days following the date of conclusion of this contract. The right of withdrawal does not apply if the Purchaser has accepted that the Supplier should commence immediately with the provision of the service or, in any case, before the expiration of 14 days after the conclusion of the contract;

13.2. In the event that the trader has failed to fulfil the information requirements referred to in Article 52, paragraph 1, letters f) and g) and Article 53 of the Consumer Code, the deadline for exercising the right of withdrawal, where so expected, becomes sixty (60) and ninety (90) days respectively, beginning on the date of signing of the contract;

13.3. If the Purchaser decides to exercise the right of withdrawal, he/she must notify the seller via e-mail at the e-mail address amministrazione@epubeditor.it, provided that such notifications are confirmed by the sending of a registered letter with return receipt to the following address: amministrazione@epubeditor.it provided that such communications are confirmed by the sending of a registered mail with return receipt to the address Borè srl Via Roma, 73 - 73039 Tricase (LE) within 48 (forty eight) hours (the date of delivery to the post office shall be accepted by the parties as that resulting from the stamps affixed to the receipts);

13.4. To qualify for a full refund of the price paid, the Purchaser must have ceased use of the service from the moment in which he/she expressed the intention to exercise the right of withdrawal and must return to the service undamaged and in acceptable condition any goods that may have been received;

13.5. The Purchaser may not exercise this right of withdrawal for contracts to purchase services involving online delivery of newspapers, periodicals and magazines, or services whose price is dependent on fluctuations in financial market rates over which the trader has no control. The right of withdrawal, moreover, may not be exercised in relation to services that have already been provided or in the case of betting and lotteries;

13.6. The only charges payable by the consumer for exercising the right of withdrawal in accordance with this article is the direct cost of returning any goods supplied with the service by the Supplier, unless the Supplier does not agree to bear them.

13.7. The Supplier shall refund the entire amount paid free of charge to the Purchaser within 30 (thirty) days of receipt of the notice of withdrawal;

13.8. With the receipt of the notice under which the Purchaser exercises the right of withdrawal, the parties to this contract shall dissolve all mutual obligations, except as provided in paragraphs of this article;

14. Causes of termination

14.1. The obligations referred to in section 10., assumed by the Purchaser, as well as the bond for the payment that the Purchaser has made with the means pursuant to as well article 5.1, and also the exact fulfilment of the obligations assumed by the Supplier in section 6 are essential, so that by express agreement the non-compliance with even one of these obligations, if not determined to be due to unforeseeable circumstances or force majeure, shall result in the termination of the contract under Article 1456 of the Civil Code, without the need for a judicial decision;

15. Protection of confidentiality and processing of the Purchaser's data

15.1. The Supplier protects the privacy of its customers and ensures that the processing of the data is performed in accordance with the provisions of the privacy policy covered in Legislative Decree no. June 30, 2003, no. 196;

15.2. Personal data collected directly and/or through third parties by the Supplier, the data controller, are collected and processed in printed, electronic and telematic form, in relation to the processing method with the purpose of registering the order and activating it in the procedures for the execution of this contract and the necessary communications, as well as the fulfilment of any legal obligations, and for the effective handing of business relations to the extent necessary to best perform the service required (Article 24, paragraph 1, lett. b, Legislative Decree 196/2003);

15.3. The Supplier undertakes to treat as confidential the data and information provided by the Purchaser and not to disclose them to unauthorised persons, or to use them for purposes other than those for which they were collected, or to transmit them to third parties. This information may be disclosed only upon request of a judicial or other authority so authorised by law;

15.4. Personal data shall be disclosed, after the signing of an undertaking to maintain the confidentiality of the data, only to third parties carrying out activities necessary for the execution of the contract and communicated exclusively for that purpose;

15.5. The Purchaser has the rights pursuant to Article 7 of Legislative Decree no. 196/2003, and that is the right to obtain:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, transformation into anonymous form or blocking of data handled in violation of the law, including those which need not be kept for the purposes for which the data were collected or subsequently processed;
c) certification that the operations in letters a) and b) have been notified, also as regards their content, of those to whom the data were communicated or disseminated, unless this requirement proves impossible or involves the use of means manifestly disproportionate to the protected right; The interested party has the right to object, in whole or in part:
i) for legitimate reasons the processing of personal data concerning him/her, even if it is pertinent to the purpose of the collection;
ii) the processing of personal data concerning him/her for the purpose of sending advertising materials or direct selling or for carrying out market research or sales communications;

15.6. The communication of personal data by the Purchaser is a necessary condition for the proper and timely execution of this contract. Failing that, it shall not be possible to carry out the request by the Purchaser;

15.7. In any case, the data collected shall be kept for a period of time no longer than is necessary for the purposes for which they were collected or subsequently processed. Their removal shall take place in a secure manner;

15.8. The data controller in charge of the collection and processing of personal data is the Supplier, to whom the Purchaser may direct requests at the company address of the former;

15.9. Any communications sent to the postal address (including email address) of the Supplier (requests, suggestions, ideas, information, materials, etc.) shall not be considered information or data of a confidential nature, must not violate the rights of others and must contain valid information that is not detrimental to the rights of others and is truthful, in any case no responsibility may be attributed to the Supplier for the content of the messages themselves;

16. Mode of storage of the contract

16.1. Pursuant to Article 12 of Legislative Decree no. 70/2003, the Supplier informs the Purchaser that each order sent is stored in digital/hard copy on the server or at the premises of the Supplier following the criteria of confidentiality and security;

17. Communications and complaints

17.1. Written communications to the Supplier and any complaints shall be considered valid only if sent by e-mail to the following address amministrazione@epubeditor.it. The Purchaser shall indicate his/her residence or domicile in the registration form, as well as the telephone number or e-mail address to which communications are to be sent by the Supplier;

18. Settlement of disputes

18.1. If either Party intends to appeal to the ordinary judicial authority, the competent court is that of the place of residence or domicile of choice of the consumer, which is mandatory pursuant to Article 33, paragraph 2, letter d) of the Constitutional Code;

19. Transferability

19.1. This contract is not transferable except with the express, prior written consent of the contracted party. Any transfer that takes place without observing the procedure prescribed in this section shall remain to all purposes ineffective between the parties;

20. Applicable law and reference

20.1. This contract is governed by Italian law;

20.2. As far as not expressly provided, the rules of law applicable to the relations and circumstances provided for in this contract, and in particular Article 5 of the Rome Convention of 1980 shall apply. 20.3. Pursuant to Article 60 of Constitutional Code, the provisions contained in Part III, Title III, Chapter I of the Constitutional Code are expressly invoked;

Final clause

This agreement cancels and supersedes any prior written or oral agreements, understandings or negotiations entered into earlier by the parties involving the subject of this contract.

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