GENERAL TERMS AND CONDITIONS

DEFINITIONS

System: NetworkPA telematic platform.

System user: a subject that, having registered for the “free subscription”, has obtained the credentials to access the system.

START – PLUS – UNLIMITED subscriber user: subject who, having made a “free” registration, upgrades by purchasing the subscription services.

Credentials: username and password assigned to the system user, during registration, as personal identification codes for accessing the system.

Your account: set of features, tools, and content attributed to the user when registering with the system.

System registration: procedure that allows the user to create his or her own account to access the system, by entering a valid e-mail address, a password, and some identification data.

System logs: chronological recording of the operations carried out by the user on the system.

Certified e-mail (PEC): e-mail system that sends certified messages with the same legal value as a registered letter with acknowledgment of receipt.

Digital signature: type of qualified electronic signature based on a cryptographic key system that guarantees the authenticity and integrity of a computer document, identifying its signatory with absolute certainty.

E-commerce product catalog: services that can be purchased besides the subscription:
– Consultancy for enrolment in the supplier registers;
– Consultancy for participation in the online tender;
– Technical support for participation in online tenders;

New services can be activated and purchased and will appear in the SERVICES section

Art. 1 – SUBJECT MATTER

1. DigitalPA srl (hereafter DigitalPA) grants the subscriber user (hereinafter Customer) the subscription service to the NetworkPA platform as better specified in this document.

2. The services provided by the platform at issue are granted to the subscriber in an individual, temporary, non-exclusive, and non-transferable user license. Therefore, the subscriber user who purchases the services on the NetworkPA portal does not acquire ownership of the services but only the right to use them according to the terms and conditions set out in this document. Subscriber users (free or START – PLUS – UNLIMITED), after registering, have the NetworkPA platform based on the characteristics and type of services purchased.

Art. 2 – ACCEPTANCE OF THE CONDITIONS OF SUPPLY OF SERVICES AND PURCHASE METHODS

1. The START – PLUS – UNLIMITED subscription contract can have a duration depending on the service purchased as per the terms and conditions of use of each service and is intended as entered into when the user completes the purchase order electronically to DigitalPA, according to the procedure envisaged.

2. The purchase methods of the e-commerce services and the upgrade to the different subscriptions take place online with the acceptance of these General Conditions, the terms and conditions of use as well as selecting the payment methods among those accepted: credit card, PayPal, Mybank bank transfer or standard bank transfer. With the exception of the standard bank transfer, the services will be immediately active upon the correct completion of the form on the portal for the subscription of the purchase and on the positive outcome of the transfer of the payment. If the payment method of the e-commerce services or the upgrade to a subscription by standard bank transfer has been chosen, the services will be active on the actual receipt by DigitalPA of the amount due.

3. When the services are activated, a communication will be sent to report the positive outcome and the effective start of the execution of the contract. The expiry terms of the purchased subscription will start from the day of the effective activation of the services provided for the START – PLUS – UNLIMITED subscription.

4. The user in the “free subscription” version is free and does not expire, it can be activated independently by the operator in compliance with these General Terms and Conditions as well as the Terms and Conditions of Use.

Art. 3 – METHODS OF ACCESS TO THE SERVICES – Obligations and responsibilities

1. The e-commerce services and subscriptions are intended to be provided exclusively following the correct purchase operations.

2. The Customer accesses the NetworkPA platform using the URL and entering personal access credentials in the manner indicated by DigitalPA better explained in the Terms and conditions of use of the subscription services. By signing these General Terms and Conditions, the terms and conditions of use, and any other information on the portal, the Customer assumes all costs and responsibilities regarding the use of the service and the data entered on the archives.

3. The Customer is obliged to keep the Password and User ID confidential, which remain strictly personal, non-transferable, and used only to access the services purchased (authentication procedure).

4. The Customer guarantees to set up every security measure necessary to prevent any undue access to the service by unauthorized third parties, remaining sole and exclusively responsible for any event, theft, loss of the USER ID and PASSWORD, and consequent loss of secrecy of the codes themselves, keeping DigitalPA relieved and indemnified of any fact, including tampering, destruction, cancellation, failure to register or total and/or partial processing of data and/or programs, consequent to this loss occurred after transmitting the codes to the Customer.

5. DigitalPA may carry out checks and controls regarding the correct use of the programs at any time, without however directly accessing the data archives unless authorized or requested by the Customer. However, DigitalPA does not take on any responsibility for the information contained in the archives and databases. The foregoing also applies concerning the individual data, for which it also assumes no obligation regarding their generation, maintenance, function, and truthfulness.

Art. 4 – METHOD OF USE OF THE SERVICES

1. Remote access and use of the NetworkPA application will be allowed to the Customer by means of a telematic connection every day of the week and at any time, except when technical operations must be performed on the programs or data, such as. maintenance, update, or rescue procedures (to which you are referred to the Saas general conditions of contract); the connection will therefore be active even beyond normal working hours and also on holidays, without any malfunctions or inability to access the system attributable to any reason, reason or cause can never be considered a disservice by DigitalPA.

2. The verification of the compatibility of the connection equipment, as well as the compatibility of the software and/or network settings is the total responsibility of the Customer. The Customer undertakes, at its own expense, and takes care of the preparation, purchase, activation, and installation of everything necessary for the performance of the telematic service provided by DigitalPA.

3. In any case, DigitalPA cannot be held responsible for service interruptions not dependent on one’s will, such as, by way of example, the malfunctioning of the telephone networks, the electricity networks, the providers, the managers of the internet, the international managers of the APP store.

Art. 5 – DURATION, RENEWAL AND CANCELLATION

1. The START – PLUS – UNLIMITED subscription will have a specific duration (annual) based on the type of subscription chosen. The renewal is automatic unless canceled directly by the customer in his reserved area in the portal. In fact, it will be sufficient to deflate the automatic renewal option to assert the cancellation of the subscription services.

2. The cancellation of the subscription purchased by credit card, PayPal, and Mybank transfer (or more generally by payment systems for which the user has registered a token for automatic withdrawal) under the terms and conditions outlined in the preceding paragraph, can be made at any time and the services will remain active until the natural expiration of the subscription. To avoid charges, it is necessary to cancel the subscription at least 5 days before each renewal date.

3. In case of payment of the service by standard bank transfer, the services will be deactivated at the natural expiration of the subscription subject to the possibility of making the renewal payment. Therefore, if the user does not send a new order for renewal, access to the services connected with the subscription will no longer be available. To ensure the continuity of the subscription, the customer must pay the fee within 3 working days from the expiration.

4. Regardless of the method of payment, the fee for the renewal of the subscription is intended according to the rates approved at the time of the renewal, therefore the customer has no right to maintain the initial activation price of the service.

5. The services purchased in e-commerce do not have a continuous temporal nature and therefore no cancellation is foreseen. The Services will be performed by DigitalPA according to the characteristics and detailed descriptions on the site.

Art. 6 – FEES

1. With the purchase of a subscription or one of the other services available on the e-commerce of the NetworkPA site, the Customer accepts the conditions of the services purchased as accepted and satisfactory, as defined in the information on subscriptions, promotions, and detailed characteristics.

Art. 7 – RIGHT OF WITHDRAWAL

1. The customer’s right of withdrawal under Article 59 of the Consumer Code Legislative Decree 206/2005 paragraph 1 lett. a) and o) are not applicable to the digital services provided by the NetworkPA portal relating to the purchase of the START – PLUS – UNLIMITED subscription.

2. In particular, the activation of the subscription service is to be considered as a service performed by DigitalPA at the time of its activation, therefore the Customer accepts the impossibility of joining the withdrawal within 14 days.

3. The subscriber user, before subscribing and making the subscription, will be able to access the system in the “free subscription” version, for an unlimited period and free of charge, to verify and evaluate the possible benefits deriving from the subscription services.

4. Instead, it will be possible to exercise the right of withdrawal, under articles 52 to 59 of the Consumer Code, for other services purchased on NetworkPA e-commerce. This right of withdrawal can be exercised within the limits of the letter a) of Article 59. The user therefore accepts that it will not be possible to request the withdrawal if the purchased service is terminated or provided.

In the period useful for the withdrawal request, in the event of a service started by DigitalPa, the customer will still have to pay a proportional share equal to the progress of the service provided, as required by Article 57 paragraph 3 of the Consumer Code, in addition to any expenses for administrative procedures incurred explained at point 6 below. In the latter case, DigitalPA will retain the amount due by returning the surplus.

5. If the right of withdrawal is exercised before the start of the execution of the service, DigitalPa will retain any expenses for administrative procedures incurred explained in point 6 below.

6. The expenses for administrative practices consist, by way of example, of costs of practical investigation and costs incurred for the preparation of the file and for investigations and analyses relating to the specific provision of the service, bank, accounting, and tax costs. These expenses amount to a flat rate of Euro 15.00.

Art. 8 – EXPRESS TERMINATION CLAUSE

1. DigitalPA reserves the right to terminate the contract, under Art. 1456 of the Italian Civil Code, by sending a communication via PEC, in the event of violation by the user of one of the following provisions: reuse or transfer to any third party of all information and data provided by DigitalPA; violation of the obligation not to create confusion between its business and that of DigitalPA; extraction of the commercial information object of the Services for use other than strictly personal use; damage to the network and third parties and entry of illegal material on the site and more generally in the event of violation of the obligations outlined in Article 9.1 below.

2. This is without prejudice to DigitalPA’s right to act for compensation for any further damages endured under the previous paragraph.

Art. 9 – OBLIGATIONS AND RESPONSIBILITIES

1. DigitalPA is exonerated from any responsibility for difficulties, defects, anomalies, discontinuities, impossibility of access or use of the platform deriving from or connected with the user’s hardware or software, the provider chosen by the user, its telephone or internet network. Therefore, the user does not claim the right to request any amount of compensation from DigitalPA.

2. DigitalPA makes no guarantees as to the accuracy of the information and data provided to the user through the platform. The information and data at issue, despite being drawn from official sources and despite being processed and updated with diligence, completeness, and truthfulness, cannot be assumed as being incontrovertibly certain and immutable.

3. DigitalPA is not responsible for the failure or delayed supply of the service deriving from or connected with circumstances beyond its control or causes of force majeure including, by way of example, fires, floods, malfunctioning of telephone, electricity, or world or national networks.

4. Except in cases of wilful misconduct or serious negligence, DigitalPA is not responsible for damages, direct or indirect, of any nature, that the user or third parties may suffer as a result of or in connection with the access, use, non-use, the operation or non-functioning of the platform.

9.1 – USER OBLIGATIONS

1. The User, whether a START – PLUS – UNLIMITED  subscriber or a “free” system user:
– undertakes to use exclusively and internally all information and data made accessible through the platform. It is forbidden to disclose or communicate the information and data at issue to third parties, reuse them in any way, or exploit them for commercial purposes.
– is responsible for the authenticity and correctness of the data provided during registration and in the subsequent phases of use of the system, consequently exempting DigitalPA from any liability about this.
– undertakes to refrain from any conduct that may upset the correct conduct of the purchase procedures and declares, for this purpose, to know the rules on the protection of competition.
– undertakes not to cause damage to the network and third parties and not to enter illicit material on the site.
– takes on the obligation to avoid its own business and that of DigitalPA can be confused. The intellectual property rights on all the documentation contained on the site, the software, and products or services available through download from the site or extraction belong to DigitalPA.
– acknowledges that DigitalPA is extraneous to any dispute that may arise between it and the contracting authority about the activities carried out within the platform.

2. The User agrees that the knowledge and extraction of the commercial information covered by the Services, as well as the printing of such data, saving in electronic format, and reproduction are allowed for strictly personal use.

9.2 – DIGITALPA OBLIGATIONS
1. DigitalPA undertakes:
– to adopt all the technical measures aimed at guaranteeing the correct performance of the subscription service and limit the risk of disservices by carrying out ordinary and extraordinary maintenance activities.
– to implement the services subject to subscription as well as from specifications included in the detail sheets on the site
– to implement the services to be purchased e-commerce as well as from specifications included in the detail sheets on the site
– DigitalPA does not take on any responsibility different or greater than what is foreseen by the above conditions.

Art. 10 – INDEMNITY

1. The User undertakes to hold DigitalPA harmless from any liability, compensating any damage, cost, or charge that may be caused to DigitalPA or third parties as a result of or in connection with the violation of these conditions or current legislation or as a consequence of or in connection with any misconduct within the system.

2. DigitalPA reserves the right to act for compensation for any damages endured under the previous paragraph.

Art. 11 – INTELLECTUAL PROPERTY

1. The platform, as well as every part and element of it (including, by way of example, the texts, images, and icons), copyrights, trademark and patent rights, as well as any other rights of any nature on the program, services or part of them belong exclusively to DigitalPA and are protected by intellectual and industrial property laws.

2. The user/Customer undertakes to protect the property rights existing on the platform.

3. Therefore, the user is expressly prohibited from:

a. bypassing the technical measures to protect the platform;
b. accessing the platform through an interface other than that provided or authorized by DigitalPA;
c. copying, reproducing, or duplicating the platform, in whole or in part;
d. modifying, transforming, adapting, translating, decoding, decompiling, and disassembling the platform, in whole or in part;
e. removing the commercial name, trademark, copyright notice, or any other copyright notice from the platform;
f. selling, lending, leasing, sub-licensing the platform, or in any case transferring any rights on it to third parties or allowing its use in any way, unless expressly authorized by DigitalPA;
g. using the distinctive signs (logos, denominations, acronyms, etc.) of DigitalPA without the prior written authorization of their owner;
h. using the documents available on the platform to perform activities other than those envisaged.

4. Accredited users must commit themselves, also with their employees, to take all the technical and organizational measures necessary to ensure the confidentiality and protection of the e-mail and password (credentials) IT tools assigned. The credentials needed to access the system are personal. Accredited users are required to keep them with the utmost diligence and to keep them secret, not to disclose them or, in any case, to transfer them to third parties and to use them under their exclusive responsibility in compliance with the principles of correctness and good faith, so as not to harm the system and, in general, third parties.

Art. 12 – CHANGES TO THE CONTRACT CONDITIONS

1. DigitalPA reserves the right to modify the General Conditions and the Terms and Conditions of Use at any time. The Customer may check the text of the General Conditions valid about their order/contract at any time directly on the website www.networkpa.it or by requesting it to info@digitalpa.it.
2. DigitalPA may also offer additional services that, from time to time, may be governed by different General Conditions.

Art. 13 – PERSONAL DATA PROCESSING

1. The personal data communicated by the user will be processed by Legislative Decree 196 30th June 2003, as amended by Legislative Decree 101 of 10th August 2018 for the adjustment to the provisions of EU Regulation 2016/679, of the European Parliament and of the Council of 27th April 2016.

Art. 14 – DATA CONTROLLER

1. As a result of the completion and acceptance of this contract, under EU Regulation 2016/679 and current legislation on the matter, the Data Controller of personal data processed through the NetworkPA platform DigitalPA will process the data based on the attached information at these conditions.

2. For users subscribing to the START – PLUS – UNLIMITED service, the data may be shared with the Contracting Stations included in the NetworkPA circuit that will then acquire the function of Data Processors as specified in the privacy policy attached to these Conditions.

Art. 15 – COMMUNICATIONS

1. Any communication between the parties must take place by certified e-mail unless these contractual conditions provide for a specific form of communication.

2. DigitalPA may make communications regarding changes to these General Conditions or other issues by directly entering general notices to users or links to such notices in the Services.

Art. 16 – APPLICABLE LAW AND JURISDICTION

1. These General Conditions and relations between DigitalPA and the user are governed by the law of the Italian Republic. Any controversy inherent, deriving from, or in any case connected to these General Conditions or the use of the Service, shall be subject to the jurisdiction of the Court of CAGLIARI.

Art. 17 – MISCELLANEOUS

1. These contractual conditions are, with the Order Form and the Terms and Conditions of Use, the only and exclusive agreement between the Customer and DigitalPA.

2. Failure by DigitalPA to exercise its right, provided for by law or by these General Conditions, does not, in any case, constitute a waiver of the right itself.

3. If one or more provisions of these General Conditions are declared invalid by the competent Judge, the parties agree that the judge must, in any case, try to maintain the effectiveness of the agreements between the parties, as specified in this agreement, and the other contractual conditions will remain fully valid and effective in all respects.

Art. 18 – FINAL PROVISIONS

Although not expressly provided for in these conditions, the rules of the Civil Code apply.

Art. 19 – CERTIFICATIONS

DigitalPA Srl is certified with management system UNI EN ISO 9001:2008 e UNI CEI ISO/IEC 27001:2014
The commitment of the Management, through the work of the whole company, is to apply and have the requirements specified by the UNI EN ISO 9001 and ISO/IEC 27001 standards applied, with the fundamental aim of improving performance and organizational skills in terms of effectiveness and efficiency and to guarantee information security.

This important acknowledgment confirms the commitment to provide our customers with ever higher and avant-garde quality standards.