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The Customer, defined as the person purchasing the services for purposes related or unrelated to their professional, commercial, or entrepreneurial activity occasionally carried out (hereinafter the "Customer"), acknowledges that the services are offered by Mediainfo S.r.l., a company under Italian law owner of the website at the URL www.123web.ai with VAT No. 04323530248 and registered office in Via Castello 13, 36050, Monteviale (Vi) (hereinafter the "Company" or also "123Web"), based on the terms and conditions for the purchase and supply of IT services (hereinafter the "Contract") reported below:
This Contract has as its object the supply, by 123Web, of IT services, also through the use of artificial intelligence tools (hereinafter, the "Services"), including, but not limited to:
The Company makes available to its customers various packages that include different combinations of Services (hereinafter, the "Package(s)"), which can be purchased both one-time and on an ongoing basis, for periods of at least annual duration (1 year). The Company also provides the possibility of providing, upon request, a customized ad hoc service (hereinafter, the "Order(s)"): in this case, a detailed estimate to be signed will be sent to the Customer.
This Contract governs the Orders and Packages offered by 123Web, unless otherwise provided in the conditions of the individual service, and also applies to further services and products that will be offered by 123Web, which the Customer can access by signing supplementary contracts, where deemed compatible by 123Web.
The precise details of each Package or Order (commercial name, included features, prices, fees, one-time costs, duration and renewal methods, etc.) are indicated on the website www.123web.ai or within the contractual conditions of each individual Package or Order at the time of purchase. The Customer is required to carefully read such information before proceeding with payment.
Through the website www.123web.ai, 123WEB makes available to the Customer artificial intelligence tools that allow the creation and configuration of their own website, with the right to indicate specific information and instructions – including those related to the graphic setting – necessary for the realization of the site, as well as to upload useful materials (e.g.: texts, images, logos, slogans, information/policies, company information, access credentials, etc.).
Once the configuration is complete, the Customer proceeds with the purchase of the selected Package. With the purchase, the Customer obtains the right to download the website source code as configured, both in terms of graphics and content, and to make further changes independently, intervening on the code (manually and/or through their own editing/coding tools) and, consequently, also on the graphic aspect and design.
The Customer acknowledges and accepts that, once the purchase of the Package is finalized, it will no longer be possible to modify the content and graphic setting of the site through the editing and coding functions made available by 123WEB for the purchased Package. If the Customer needs further interventions or services (e.g. subsequent modifications, updates, or customizations), they are invited to contact 123WEB to request the formulation of a specific Order, indicating their needs; in this case, the Company will prepare a dedicated estimate.
123WEB also makes available to the Customer Services that depend on the supply of components or services by third-party suppliers (as defined in Article 9) such as, for example, the purchase of domain names. Therefore, the Customer acknowledges and accepts that the basic cost indicated for each Package or Order may undergo variations. In any case, if the Customer purchases the domain or other services through the Company's suppliers, 123WEB cannot be held responsible for any delays or disservices attributable to the subjects/entities competent for domain registration.
The Customer can use the Services offered by 123WEB in compliance with the use limits and according to criteria of fairness and good faith, committing not to engage in anomalous, abusive conduct, contrary in general to netiquette or otherwise suitable to jeopardize the security, stability, and continuity of the infrastructure and/or the use of the Services by third parties. The regular functioning of the Services is ensured within the limits of the thresholds and conditions indicated below, without prejudice to what is indicated by the specific conditions of each Package or Order.
The Company reserves, in any case, the right to intervene, even by blocking or limiting the site and/or the Services (including, but not limited to, hosting, backup, and email service), as well as to adopt protection and containment measures (such as, but not limited to: rate limits, temporary blocks, filters, suspension of Services, etc.) if anomalous or improper behavior is found, the use thresholds are exceeded, or there is a risk for the infrastructure or for the continuity and quality of the Services rendered to other users.
It is understood that any limitations, slowdowns, or suspensions ordered for safety, maintenance, update needs, or for causes not attributable to the Company (including criticalities and disservices depending on third-party suppliers, registers, or providers) do not involve any liability on the part of the Company, without prejudice to what may be provided in the specific applicable conditions and, where provided, in the relative service levels.
The ownership and responsibility for texts, logos, brands, images, and, in general, materials that the Customer provides to 123Web for the execution of the Service, as well as those that the Customer publishes directly on the site or on the hosting space, remain the property of the Customer.
The Customer grants 123Web, free of charge and without time limits, a non-exclusive license to use the websites created for the Customer, for self-promotion and advertising purposes (for example: portfolios, case studies, demos, and commercial presentations). The Customer can always revoke the license. The Customer undertakes to request 123Web's prior authorization before disseminating press releases, information or promotional materials that directly involve 123Web.
The ownership of the website management software remains entirely with 123Web and is granted to the Customer under license exclusively for the duration of the Contract. The ownership of the website created for the Customer, including the source code and published contents, belongs to the Customer. The Customer can download a copy of their own website source code in HTML format at any time through the available functions (for example, "save page" of the browser or similar tools). It is understood that such download concerns a copy of the site as viewable and does not involve or include the delivery or obtaining of 123Web management software, which cannot be downloaded, copied, or acquired by the Customer in any way.
The Customer undertakes to indemnify and hold 123Web harmless from any liability arising from illicit uses of the Service and/or from the use, publication, insertion, or transmission, through the Service, of information and content found, uploaded, communicated, or otherwise made available by the Customer or on their behalf, including results or outputs generated with the use of artificial intelligence tools made available by the Company. It is understood that 123Web is not responsible, in any case, for any damage that the Customer may cause to third parties, even in case of lawful use of the Service.
The Customer, therefore, assumes all responsibility in relation to the information and content, of any nature and format (e.g.: texts, images, videos, documents, and any other material), that (i) they transit through the Services (such as, but not limited to, site, hosting, email, newsletter, etc.); (ii) generate through the artificial intelligence tools that 123Web makes available; (iii) publish on their own web pages or on the hosting space; (iv) deliver to 123Web for the realization of the site, or; (v) send via email, as well as in relation to all activities and consequences that may derive from such information and content.
In particular, the Customer undertakes to use the web publishing services in compliance with the current legislation, with specific reference to the discipline in the matter of copyright and, more in general, of the intellectual property rights and third-party rights.
Access to the Service is reserved for Customers who sign a contract with 123Web and/or for users expressly enabled by them.
Through the Service offered by 123Web, it is not allowed to carry out activities that deliberately:
123Web is exclusively responsible for its own omissions and/or its own errors related to the commissioned Service that determine the cancellation or a serious and essential alteration of the Service efficiency, provided that such omissions and/or errors are timely contested and communicated by the Customer.
If the disservice lasts for a period longer than 30 (thirty) days, the Customer will have the right, at their choice, alternatively: (i) to the refund of any amounts paid for the Service; or (ii) to the free repetition of the Service for a period equal to the one agreed upon. Any further compensation claim, for any reason, within the limits allowed by law, is expressly excluded.
With reference to electronic services, 123Web is not responsible for direct or indirect damages – including any loss of data published, stored, or otherwise present on web servers –, deriving from interruptions, suspensions, slowdowns, or malfunctions of the Service due to ordinary or extraordinary maintenance, or to causes not attributable to 123Web, such as services offered to customers through third-party suppliers or collaborators.
In particular, with reference to the artificial intelligence tools that 123Web makes available to the Customer for the creation and configuration of the website (including codes, graphic settings, and texts), the Customer acknowledges that the results or outputs generated may contain errors and/or inaccuracies, and must be verified before use and publication. It is understood that the Customer is the only person responsible for the use and publication of the outputs and their compliance with current legislation and third-party rights (including copyright, trademarks). 123Web does not provide guarantees regarding the accuracy, suitability, originality, or lawfulness of the generated results and the Customer undertakes to indemnify and hold 123Web harmless from any third-party claims related to such use and/or publication.
The Company adopts reasonable technical and organizational measures to ensure the continuity and security of the infrastructure and Services (such as, but not limited to, daily monitoring activities, perimeter protection systems (firewall), internal data duplication systems with instantaneous copy (mirroring), and backup procedure on distinct servers). 123Web has also created and manages a technical structure aimed at minimizing the risk of data loss and, as far as possible, at containing the Service restoration times in case of failures or system malfunctions.
By accepting the Contract, the Customer acknowledges that such measures and the adopted technical structure reduce the probability of data loss, but cannot completely eliminate it. Therefore, if the Customer processes or stores data of particular relevance or criticality, they are invited to maintain autonomous security copies with times and methods at their discretion and/or, if necessary, to purchase advanced backup services or "custom" solutions, requestable from the Company.
123Web reserves in any case the right to exercise the faculties indicated below; where possible, the Customer will be previously informed, without prejudice to the fact that, in case of urgency, 123Web may intervene with immediate effect to:
The duration of the Contract is determined by the Services included in the individual Package or Order and can provide for one-time or ongoing performance. In case of ongoing supply, the duration is usually not less than 1 (one) year, starting from the date of payment credit.
After the purchase of the Services and the credit of the payment, 123Web will issue the invoice based on the billing data communicated by the Customer and will transmit it to them within the legally fixed times.
The Contract does not renew tacitly. In the absence of a renewal request and the relative payment by the Customer, the Services will be suspended at the natural expiration of the signed Package or Order. After the term of 15 (fifteen) days from the expiration, all materials present on the 123Web servers will be removed.
The Customer acknowledges and accepts that 123Web may annually update the prices of the Services in an amount correlated to (i) the change in inflation and/or (ii) the increases in costs relating to services, supplies, or components that depend, even indirectly, on third-party suppliers or collaborators (as defined by Art. 9).
In providing the Services, the Company can use the support of third parties (jointly, the "Suppliers"). Such Suppliers operate as autonomous contractors and are in no way to be considered agents or employees of the Company. Consequently, the Company cannot be held responsible for acts or omissions, intentional or negligent, put in place by the Suppliers or their employees, collaborators, appointees, or representatives, including – as a mere example – the failed, partial, or incorrect fulfillment of the Services. The Company does not assume, in any case, any responsibility regarding the quality of additional services possibly offered by the Suppliers.
On the Services purchased and present on the website www.123web.ai, the right of withdrawal is not provided for the Customer, even for the Customer who must be understood as a consumer (understood as any natural person acting for purposes unrelated to their entrepreneurial, commercial, professional activity possibly carried out), as the case falls within the cases of exception to the right of withdrawal provided for by Art. 59 of the Legislative Decree 6 September 2005, n. 206. In particular: (i) at letter o) of paragraph 1, the right of withdrawal is in fact excluded for "the supply of digital content through a non-material support if execution has begun with the express agreement of the consumer and with their acceptance of the fact that in such case they would have lost the right of withdrawal."; (ii) at letter n) of the same article, the right of withdrawal is also excluded, among others, for "services regarding leisure activities if the contract provides for a specific date or period of execution".
The Company has the right to suspend the Service with immediate effect in all cases of violation and/or non-fulfillment by the Customer provided for by this Contract, and specifically in the cases contemplated by articles: Art. 3 – Technical limits and correct use of services; Art. 4 – Intellectual property rights; Art. 5 – Obligations and responsibilities of the Customer. In such cases, the Company will have the right to terminate the Contract by simple written communication, without any notice period, without prejudice to the Customer's obligation to settle the entire agreed fee and expressly excluding any claim for compensation or indemnity against the Company.
Without prejudice to the above, the refund of the amount paid is provided for only in case of serious and substantial disservice, where ascertained according to the methods provided for by Art. 6. In such cases, 123Web undertakes to return the sums paid as a fee for the Service to the user as soon as possible and in any case within 30 (thirty) days from the date on which it became aware of the refund request submitted in accordance with what is provided.
The Company's contact details are as follows: Mediainfo S.r.l., with registered office in Via Castello 13, 36050, Monteviale (Vi) and VAT No. 04323530248.
For any request, exercise of rights, communication, clarification question, or information request, it is possible to contact 123Web support team by writing to the following email address: admin@123web.ai
In contacting 123Web support team, the Customer is required to include in the email communication at least the following data: name and surname or company name, Tax Code and/or VAT No., date, and signature.
12.1. Privacy Policy and Cookies. The processing of the Customer's personal data takes place according to the Privacy policy available on the Site and in the App, which is an integral part of this Contract. The use of cookies and similar tracking tools is governed by the Cookie Policy.
12.2. Changes to the Contract. The Company may update or modify, in whole or in part, this Contract as well as the characteristics of the Packages and Orders for technical, organizational, security reasons, or for regulatory adjustments. In case of significant changes, the Company will inform the Customer via email using the address communicated by the latter. In such case, the continued use of the Services after the publication of the changes can be interpreted as acceptance of the new conditions.
12.3. Titles and Subtitles. The titles and subtitles that precede each article or sub-article of this Contract have purely descriptive value and are not binding; they do not determine its content and might not correspond to the relative provisions.
12.4. Transfer of the contract. The Customer authorizes the Company from now on to transfer this contract to subsidiaries, parent, or associated companies, or within the framework of corporate reorganization, merger, demerger, or business unit transfer operations, without prejudice to the fact that the transferee will have to guarantee equivalent service levels.
This Contract and the specific terms and conditions for each Package or Order are governed by Italian law.
For any dispute relating to the interpretation, execution, or validity of this Contract or the specific terms and conditions of each Package or Order, the court of Rome will have exclusive jurisdiction.
The Customer, by proceeding with the purchase, declares, pursuant to and for the purposes of art. 1341 and 1342 of the Italian Civil Code, to have carefully examined all the clauses of this Contract and signs them by expressly accepting the conditions contained in the following articles: Art. 3 Technical limits and correct use of services; Art. 5 Obligations and responsibilities of the customer - Art. 6 Limitation of liability and indemnity; Art. 10 Termination; Art. 12.4 Transfer of the contract; Art. 13 Jurisdiction.