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Contratto
General Terms and Conditions of Service Provision by Mexedia S.p.A SB This contract (hereinafter referred to as the "Contract") is entered into between Mexedia S.p.A SB (hereinafter "Mexedia"), VAT and Tax Code 15997541006, with its registered office in Rome at Via Affogalasino No. 105, represented by its legal representative pro tempore, and the Customer, identified by the details provided when filling out the specific personal data form, who, through its Legal Representative or an authorized agent to enter into this Contract in the name and on behalf of the entity they represent, adheres to this Contract (hereinafter the "Customer"). Preamble Mexedia S.p.A SB is a telecommunications company that enables the use of the online digital communication platform in white label "Mexaging," accessible as Software-as-a-Service, allowing users to manage SMS marketing campaigns, email marketing, and other message-based communications such as appointment reminders, alarms, and various notifications. It also provides other digital communication tools. The Customer declares that they are familiar with and have carefully verified the functionalities and characteristics of the platform available at www.mexaging.com and considers them suitable for their needs. In consideration of the above premises, the Parties agree and enter into the following service contract, which includes a non-exclusive license to access and use the Mexaging platform. The preamble, which the Customer declares to have examined and accepted, forms an integral and substantial part of the Contract. Individual service orders (hereinafter referred to as "Orders" and each an "Order") will specifically regulate, including economic terms, the services provided by Mexedia to the Customer from time to time, unless otherwise specified. 1. Subject of the Contract 1.1. By signing this contract, Mexedia agrees to provide the Customer with services consisting of sending communications via SMS, email, or other messaging channels, utilizing analysis features, and related management services, in full compliance with the terms and conditions of this agreement. The Customer will benefit from the services through the platform, for which Mexedia grants a non-exclusive license under the terms and conditions outlined herein. The platform also offers additional functionalities to the Customer. 1.2. The characteristics of the service mentioned in point 1.1 are detailed in the commercial offer, which forms an integral and substantial part of the Contract. The Customer is solely responsible for the type of service chosen. 1.3. Mexedia reserves the right to change the service characteristics at any time, with prior notice via email or fax, at least 30 days before the changes take effect. In such cases, the Customer retains the right to withdraw from the contract by registered letter with acknowledgment of receipt within 15 days of receiving the communication. 2. Agreement Finalization The Contract between Mexedia and the Customer is considered finalized upon the completion of the registration process and acceptance of the conditions as expressed and published on the website www.mexaging.com. 2.1. The Customer's signing of one or more Orders for services provided by Mexedia implies full acceptance of this agreement. 3. Service Provision and Platform Usage Terms 3.1. The Customer will access the platform via the reserved "control panel" area using the login and password chosen during registration. The Customer is solely responsible for the safekeeping of their credentials and is required to maintain confidentiality, safeguard them with care and diligence, not share them with third parties, and change the password via the "change password" function at least once every six months. The Customer must immediately report any theft or unauthorized use of their credentials to Mexedia. 3.2. The parties agree that the credentials serve as the Customer's identification tool. Any operations performed on the platform using these credentials will be deemed to have been carried out by the Customer, regardless of who actually performed them. 3.3. The provision of the service presupposes: (i) The completion of the Customer's registration process; (ii) The submission of the Order by the Customer; (iii) The payment of the agreed price for the credit or additional product purchased, with VAT added at the time of invoicing; (iv) Mexedia's receipt of the payment. 3.4. The Order submitted by the Customer will be binding for Mexedia upon the correct completion of the indicated procedure, without any error notifications. 3.5. Upon finalization of the service contract between Mexedia and the Customer, Mexedia will send the Customer an email to the address provided, detailing the amount due, the payment methods, and the invoice for the services addressed to the Customer (or to another entity specified by the Customer), with the data provided by the Customer. Upon payment, Mexedia will confirm the activation of the purchased service. 3.6. Throughout the duration of the Contract, Mexedia reserves the right to monitor messages to prevent and avoid fraud, phishing, spamming, and other malicious activities, ensuring the security of the network and services. Mexedia may implement In consideration of the above premises, the Parties agree and stipulate the following Service Contract, which includes a non-exclusive license to access and use the Mexaging platform. The premises, which the Customer declares to have examined and accepted, are an integral and substantial part of the Contract. Individual service orders (hereinafter "Orders" and each an "Order") will specifically regulate the services provided by Mexedia to the Customer, including the economic conditions, unless otherwise specified. 1. Object of the Contract 1.1. By signing this contract, Mexedia, in full compliance with the terms and conditions of this agreement, commits to providing the Customer with services consisting of sending communications via SMS, email, or other messaging channels, and utilizing the analysis and management functionalities related to these services. The Customer may benefit from these services by using the platform, for which Mexedia grants a non-exclusive license under the terms and conditions specified here. The platform also allows the Customer to use additional features. 1.2. The characteristics of the service described in point 1.1 are detailed in the commercial offer, which forms an integral and substantial part of the Contract. The Customer is solely responsible for the type of service chosen. 1.3. Mexedia reserves the right to modify the characteristics of the service at any time, with prior notification via email or fax, providing at least 30 days' notice before the changes take effect. In such cases, the Customer reserves the right to terminate the Contract by sending a registered letter with return receipt within 15 days of the relevant notification. 2. Completion of the Agreement 2.1. The present Contract between Mexedia and the Customer is considered completed upon the completion of the registration process and acceptance of the conditions as expressed and published on the website www.mexaging.com. 2.2. The Customer’s subscription to one or more orders for services provided by Mexedia entails full and complete acceptance of this agreement. 3. Provision of the Service and Platform Usage Conditions 3.1. The Customer will have access to the platform through the reserved area, the "control panel," via login and password selected by the Customer during registration. The Customer is solely responsible for safeguarding their credentials and must maintain their confidentiality, handling them with care and diligence, and not disclosing them to third parties. The password must be changed at least every six months using the "change password" function. The Customer must promptly report to Mexedia any theft or misappropriation of their credentials by third parties. 3.2. The parties acknowledge that the insertion of credentials is the appropriate means for identifying the Customer. All operations performed on the platform following login with the credentials will, in any case, be considered carried out by the Customer, regardless of who actually performed them. 3.3. The provision of the service requires: (i) the completion of the registration procedure by the Customer; (ii) the submission of an Order by the Customer; (iii) payment of the agreed fee for the credit or additional product purchased (hereinafter the "fee"), noting that VAT will be added to the indicated prices at the time of invoicing; (iv) Mexedia's receipt of the payment. 3.4. The Customer’s order will be binding for Mexedia once the procedure is completed correctly, without any error messages. 3.5. Upon completion of the individual supply contract between Mexedia and the Customer, Mexedia will send the Customer an email to the address specified by the Customer, detailing the fee due, the payment methods, and an invoice for the services issued to the Customer (or the party indicated by the Customer), based on the data provided by the Customer. Following payment of the fee, Mexedia will confirm the activation of the purchased service to the Customer. 3.6. Mexedia has the right, for the entire duration of the Contract, to monitor the transmitted messages to prevent and avoid fraud, faking, phishing, spamming, or other equivalent techniques that may harm users, and to ensure the security of the network and services provided. Mexedia may implement traffic monitoring systems, including automated data analysis software, and conduct manual checks based on specific elements identified as potentially dangerous to detect illicit behavior that could pose a threat. The Customer commits to collecting the end-users' consent for the use of the fraud prevention system in accordance with the GDPR. The Customer acknowledges Mexedia’s right to the fee for blocked messages, even if not used, in exchange for the costs of the fraud prevention system, without prejudice to any greater damages. 4. Intellectual Property 4.1. The Customer acknowledges that Mexedia owns the rights to the platform. Reproduction and distribution of the website, improper use of the software platform, and non-compliance with the confidentiality obligations within the Contract are strictly prohibited. 5. License to Use 5.1. The Customer agrees to use the platform following the obligations and directives issued by Mexedia under a license to use as set forth in the preamble. The Customer is required to provide Mexedia with accurate and truthful information, keep it updated, and assume the related legal and contractual obligations. 5.2. The Customer agrees to hold Mexedia harmless from any rights, claims, actions, exceptions, and/or complaints. 5.3. If services provided by other suppliers are activated alongside Mexedia’s services (e.g., integrations/connectors), which the Customer already uses, the Customer acknowledges that these integrations may: (i) automatically check for updates and transmit the Customer's information to their server; (ii) send information entered or accessible from the Customer's services to their server; (iii) be publicly accessible if incorporated into publicly available web pages; or (iv) transmit information related to the Customer’s account. When an integration is enabled between the services under the Contract and those contracted between the Customer and a third-party supplier, any processing or information transmitted to the latter will be governed by a separate agreement between the third-party supplier and the Customer, without any responsibility or obligation on the part of Mexedia.
Privacy
PRIVACY POLICY GENERAL WEBSITE NAVIGATION AND CONTACTS www.mexaging.com http://int-portal.mexaging.com/public/login.ic This disclosure does not apply to other websites that may be consulted through links available on the websites of the data controller, who shall not be considered in any way liable for the websites of third parties. 1. The "DATA CONTROLLER" Mexedia Public limited company Benefit Company - Via Affogalasino 105 00148 Rome 2. For the purposes expressed in this policy, only non-particular personal data shall be processed. For further processing, please refer to the specific information that will be presented before carrying out the same and, where necessary, consent will be obtained. For information on cookies, please refer to the same found on the website www.mexedia.com 3. Purposes of processing, data, provision, basis for lawfulness of communication to third parties and storage times, transfers outside the European Economic Area (EEA) A - Allow navigation on the website More details During normal operation, the computer systems and software procedures used to operate this website acquire some personal data that is then implicitly transmitted during the use of internet communication protocols. This information is not collected to be associated with identified data subjects but is exclusively technical in order to allow navigation. For processing related to any cookies or similar, click HERE for the cookie policy If you do not provide your data that is strictly necessary to enable navigation, it will not be possible to browse the site. What data do we process? Technical information to allow connection protocols with the website. With what legal basis: Legitimate interest of the data controller Article 6 letter f GDPR For how long? ü We process the data only to allow the user to log in to the site and for the logged in session time ü It should be borne in mind that the data can be processed, according to the principle of minimisation (therefore using only the data strictly necessary for the specific case) for the defence of the data controller (in court or before authorities), or for any disputes until the conclusion of the same. B - Reception and management of contact requests received by contact area, email or telephone More details Personal data are processed in connection with the request for information and to manage the same. Please be advised that only common personal data must be provided. If you do not provide your data: it will not be possible to follow up on requests. What data do we process? The name and surname of the person making the request, any reference company and the contact details and content provided by the data subject. With what legal basis: Pre-contractual or contractual activities Article 6 letter B GDPR For how long? ü The time that is strictly necessary to follow up on the request. The data will be kept for the management of the rule request for a maximum period of 6 months. ü It should be borne in mind that the data can be processed, according to the principle of minimisation (therefore using only the data strictly necessary for the specific case) for the defence of the data controller (in court or before authorities), or for any disputes until the conclusion of the same. C – Management of data subjects' rights More details The purpose is linked to the reception, analysis and management of requests to exercise the rights of data subjects, including interaction with the data subject and providing the appropriate answers and clarifications. The data subject shall receive a response as soon as possible and, in any case, within the legal deadline. The data subject shall receive a response, with the appropriate reasons, even if the request cannot be accepted If you do not provide the data: it will not be possible to manage requests What data do we process? According to the type of request, we process all the necessary data to guarantee the correct exercise of the rights of the data subjects. With what legal prerequisite: Guaranteeing the exercise of rights is a precise legal obligation Article 6 letter C GDPR For how long? ü The data are processed for the time necessary to manage the requests and to verify the same. Storage, as a rule, is for 5 years. ü It should be borne in mind that the data can be processed, according to the principle of minimisation (therefore using only the data strictly necessary for the specific case) for the defence of the data controller (in court or before authorities), or for any disputes until the conclusion of the same. 4. Disclosure to third parties Your data will not be disclosed. They will be processed with technological, IT and consulting service providers who, as a rule, operate as data processors. These parties may also include group companies that offer services to the data controller. It is understood that the data will be processed in accordance with the principle of minimisation, favouring, where possible, anonymous or anonymised data. In particular, the categories of subjects can be the following: Ø Parties, including Group companies, who carry out/provide technical and organisational tasks/services on behalf of the data controller, including the organisational and technological support necessary for the provision of the service or the management of the activity subject to processing Ø Firms and companies in the field of support and consulting relationships Ø The data may also be communicated to independent third parties with particular reference to public authorities, perhaps including law enforcement authorities, when the legal conditions are met and in the exercise of their functions. 5. Transfers outside the European Economic Area (EEA) The data are processed in the European Union. If the transfer is necessary, the guarantee instruments provided for by the GDPR shall be used: adequacy decisions of the EU commission or the standard contractual clauses as promoted by the EU commission itself to regulate transfer relationships outside the European Economic Area and with any supplementary measures as also provided for by the EDPB indications. 6. Rights of the data subject Articles 15, 16, 17, 18, 19 20, 21 and 77 of the GDPR Rights of the data subject Articles 15, 16, 17, 18, 19, 20, 21, and 77 of the GDPR. We inform you of the existence of the right to know the recipients of the possible communication, access to personal data, rectification, deletion and possibly complete deletion, limitation of processing, data portability and opposition at any time to the processing of personal data concerning you. We also inform you that, if the basis of lawfulness is consent, you have the right to revoke it at any time, without prejudice to the lawfulness of the processing based on the consent given before the revocation (Article 7, paragraph 3, of the GDPR). Pursuant to Article 77 of the Regulation, you have the right to lodge a complaint with a supervisory authority, in particular in the member state where you usually reside, work or in the place where the alleged violation occurred, which in Italy corresponds to the Guarantor Authority for the Protection of Personal Data, whose references can be found on www.garanteprivacy.it or you can activate your protection actions also by contacting the judicial authority. You can exercise these rights simply by contacting the data controller through the contacts indicated in this policy or on the company websites. It is understood that the exercise of rights will be promptly assessed and guaranteed, where possible, as in certain cases, requests must be weighted in conjunction with other regulatory impositions that could limit the exercise. It is understood that even in cases where the requests to exercise the rights cannot have been followed, the data subject shall be promptly informed of the circumstance and the reasons for it. 7. Contact details of the DPO: either at the registered office of the data controller or DPO@MEXEDIA.COM This information was prepared on 11.07.2024
Contratto
General Terms and Conditions of Service Provision by Mexedia S.p.A SB This contract (hereinafter referred to as the "Contract") is entered into between Mexedia S.p.A SB (hereinafter "Mexedia"), VAT and Tax Code 15997541006, with its registered office in Rome at Via Affogalasino No. 105, represented by its legal representative pro tempore, and the Customer, identified by the details provided when filling out the specific personal data form, who, through its Legal Representative or an authorized agent to enter into this Contract in the name and on behalf of the entity they represent, adheres to this Contract (hereinafter the "Customer"). Preamble Mexedia S.p.A SB is a telecommunications company that enables the use of the online digital communication platform in white label "Mexaging," accessible as Software-as-a-Service, allowing users to manage SMS marketing campaigns, email marketing, and other message-based communications such as appointment reminders, alarms, and various notifications. It also provides other digital communication tools. The Customer declares that they are familiar with and have carefully verified the functionalities and characteristics of the platform available at www.mexaging.com and considers them suitable for their needs. In consideration of the above premises, the Parties agree and enter into the following service contract, which includes a non-exclusive license to access and use the Mexaging platform. The preamble, which the Customer declares to have examined and accepted, forms an integral and substantial part of the Contract. Individual service orders (hereinafter referred to as "Orders" and each an "Order") will specifically regulate, including economic terms, the services provided by Mexedia to the Customer from time to time, unless otherwise specified. 1. Subject of the Contract 1.1. By signing this contract, Mexedia agrees to provide the Customer with services consisting of sending communications via SMS, email, or other messaging channels, utilizing analysis features, and related management services, in full compliance with the terms and conditions of this agreement. The Customer will benefit from the services through the platform, for which Mexedia grants a non-exclusive license under the terms and conditions outlined herein. The platform also offers additional functionalities to the Customer. 1.2. The characteristics of the service mentioned in point 1.1 are detailed in the commercial offer, which forms an integral and substantial part of the Contract. The Customer is solely responsible for the type of service chosen. 1.3. Mexedia reserves the right to change the service characteristics at any time, with prior notice via email or fax, at least 30 days before the changes take effect. In such cases, the Customer retains the right to withdraw from the contract by registered letter with acknowledgment of receipt within 15 days of receiving the communication. 2. Agreement Finalization The Contract between Mexedia and the Customer is considered finalized upon the completion of the registration process and acceptance of the conditions as expressed and published on the website www.mexaging.com. 2.1. The Customer's signing of one or more Orders for services provided by Mexedia implies full acceptance of this agreement. 3. Service Provision and Platform Usage Terms 3.1. The Customer will access the platform via the reserved "control panel" area using the login and password chosen during registration. The Customer is solely responsible for the safekeeping of their credentials and is required to maintain confidentiality, safeguard them with care and diligence, not share them with third parties, and change the password via the "change password" function at least once every six months. The Customer must immediately report any theft or unauthorized use of their credentials to Mexedia. 3.2. The parties agree that the credentials serve as the Customer's identification tool. Any operations performed on the platform using these credentials will be deemed to have been carried out by the Customer, regardless of who actually performed them. 3.3. The provision of the service presupposes: (i) The completion of the Customer's registration process; (ii) The submission of the Order by the Customer; (iii) The payment of the agreed price for the credit or additional product purchased, with VAT added at the time of invoicing; (iv) Mexedia's receipt of the payment. 3.4. The Order submitted by the Customer will be binding for Mexedia upon the correct completion of the indicated procedure, without any error notifications. 3.5. Upon finalization of the service contract between Mexedia and the Customer, Mexedia will send the Customer an email to the address provided, detailing the amount due, the payment methods, and the invoice for the services addressed to the Customer (or to another entity specified by the Customer), with the data provided by the Customer. Upon payment, Mexedia will confirm the activation of the purchased service. 3.6. Throughout the duration of the Contract, Mexedia reserves the right to monitor messages to prevent and avoid fraud, phishing, spamming, and other malicious activities, ensuring the security of the network and services. Mexedia may implement In consideration of the above premises, the Parties agree and stipulate the following Service Contract, which includes a non-exclusive license to access and use the Mexaging platform. The premises, which the Customer declares to have examined and accepted, are an integral and substantial part of the Contract. Individual service orders (hereinafter "Orders" and each an "Order") will specifically regulate the services provided by Mexedia to the Customer, including the economic conditions, unless otherwise specified. 1. Object of the Contract 1.1. By signing this contract, Mexedia, in full compliance with the terms and conditions of this agreement, commits to providing the Customer with services consisting of sending communications via SMS, email, or other messaging channels, and utilizing the analysis and management functionalities related to these services. The Customer may benefit from these services by using the platform, for which Mexedia grants a non-exclusive license under the terms and conditions specified here. The platform also allows the Customer to use additional features. 1.2. The characteristics of the service described in point 1.1 are detailed in the commercial offer, which forms an integral and substantial part of the Contract. The Customer is solely responsible for the type of service chosen. 1.3. Mexedia reserves the right to modify the characteristics of the service at any time, with prior notification via email or fax, providing at least 30 days' notice before the changes take effect. In such cases, the Customer reserves the right to terminate the Contract by sending a registered letter with return receipt within 15 days of the relevant notification. 2. Completion of the Agreement 2.1. The present Contract between Mexedia and the Customer is considered completed upon the completion of the registration process and acceptance of the conditions as expressed and published on the website www.mexaging.com. 2.2. The Customer’s subscription to one or more orders for services provided by Mexedia entails full and complete acceptance of this agreement. 3. Provision of the Service and Platform Usage Conditions 3.1. The Customer will have access to the platform through the reserved area, the "control panel," via login and password selected by the Customer during registration. The Customer is solely responsible for safeguarding their credentials and must maintain their confidentiality, handling them with care and diligence, and not disclosing them to third parties. The password must be changed at least every six months using the "change password" function. The Customer must promptly report to Mexedia any theft or misappropriation of their credentials by third parties. 3.2. The parties acknowledge that the insertion of credentials is the appropriate means for identifying the Customer. All operations performed on the platform following login with the credentials will, in any case, be considered carried out by the Customer, regardless of who actually performed them. 3.3. The provision of the service requires: (i) the completion of the registration procedure by the Customer; (ii) the submission of an Order by the Customer; (iii) payment of the agreed fee for the credit or additional product purchased (hereinafter the "fee"), noting that VAT will be added to the indicated prices at the time of invoicing; (iv) Mexedia's receipt of the payment. 3.4. The Customer’s order will be binding for Mexedia once the procedure is completed correctly, without any error messages. 3.5. Upon completion of the individual supply contract between Mexedia and the Customer, Mexedia will send the Customer an email to the address specified by the Customer, detailing the fee due, the payment methods, and an invoice for the services issued to the Customer (or the party indicated by the Customer), based on the data provided by the Customer. Following payment of the fee, Mexedia will confirm the activation of the purchased service to the Customer. 3.6. Mexedia has the right, for the entire duration of the Contract, to monitor the transmitted messages to prevent and avoid fraud, faking, phishing, spamming, or other equivalent techniques that may harm users, and to ensure the security of the network and services provided. Mexedia may implement traffic monitoring systems, including automated data analysis software, and conduct manual checks based on specific elements identified as potentially dangerous to detect illicit behavior that could pose a threat. The Customer commits to collecting the end-users' consent for the use of the fraud prevention system in accordance with the GDPR. The Customer acknowledges Mexedia’s right to the fee for blocked messages, even if not used, in exchange for the costs of the fraud prevention system, without prejudice to any greater damages. 4. Intellectual Property 4.1. The Customer acknowledges that Mexedia owns the rights to the platform. Reproduction and distribution of the website, improper use of the software platform, and non-compliance with the confidentiality obligations within the Contract are strictly prohibited. 5. License to Use 5.1. The Customer agrees to use the platform following the obligations and directives issued by Mexedia under a license to use as set forth in the preamble. The Customer is required to provide Mexedia with accurate and truthful information, keep it updated, and assume the related legal and contractual obligations. 5.2. The Customer agrees to hold Mexedia harmless from any rights, claims, actions, exceptions, and/or complaints. 5.3. If services provided by other suppliers are activated alongside Mexedia’s services (e.g., integrations/connectors), which the Customer already uses, the Customer acknowledges that these integrations may: (i) automatically check for updates and transmit the Customer's information to their server; (ii) send information entered or accessible from the Customer's services to their server; (iii) be publicly accessible if incorporated into publicly available web pages; or (iv) transmit information related to the Customer’s account. When an integration is enabled between the services under the Contract and those contracted between the Customer and a third-party supplier, any processing or information transmitted to the latter will be governed by a separate agreement between the third-party supplier and the Customer, without any responsibility or obligation on the part of Mexedia.
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