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Terms Services RioBados

PART I - CONTRACT

Art. 1. RioBados services contract.

1.1 Are considered an integral part of the Contract between RioBados and the Customer:

a) Request for activation of the Service Plan by filling out the relevant forms
b) the following General Terms and Conditions
d) the Privacy Policy (Link https://riobados.com/privacy)
e) all information related to the features of the services offered by the Service Plan, such as features, and other information material useful for product selection.

Art. 2. Termination of the Contract.

2.1 The Contract with the Customer is finalized upon payment of the amounts for the chosen plan with the subsequent registration, subject to successful completion, of the domain to the appropriate Registrar.

2.2 Even before that, the customer will be able to test the service for free by activating the Service Plan that best suits their needs, choosing the domain and then creating their site pages ready for publication through the Plesk Hosting Control Panel and via FTP space.

2.3 By activating the Service Plan and related registration of the domain name with a competent Registrar by RioBados and subsequent payment of the fee, the Customer declares that he/she has accepted the terms and conditions of the agreement.

2.3 The Customer agrees to the retention by RioBados of logs related to consents, such as Ip address, date and cookies, and at any time the Customer will have the option to request from RioBados what data is retained throughout the period of active service and not.

2.4 After the Customer has tested the service, for a period not exceeding 7 (seven)days, he/she will necessarily finalize the Contract with the payment of the chosen Service Plan. RioBados will arrange for the subsequent registration of the chosen domain name.
It is the Customer's responsibility to verify the correct posting of their pages online. RioBados will then send the Customer an e-mail confirming the order with information about the purchased plans and suitable purchase invoice.

2.5 Except for special conditions expressed in this contract, RioBados applies the conditions related to the provisions of the Consumer Code and Legislative Decree No. 70/2003 on electronic commerce.

Art. 3. Customer Registration and Domain Name Choice.

3.1 To test RioBados services, the Customer will have to make a prior registration by entering their personal data, e.g. First Name, Last Name, e-mail, and the name of the domain they intend to register. After the availability of the chosen Domain name is confirmed, the Customer must subsequently confirm the registration by activating their account via a link sent by e-mail. If the registration is not confirmed, the service will not activate and the account will be restricted.

3.2 With the Activation e-mail, the Client will be able to access their control panel using user-ID and a password, the latter of which is automatically generated as a Service Plan is selected. It will be the Client's responsibility to arrange for a password change for security purposes via the Security section found in the control panel.

3.3 At this stage, the Customer is aware that the Domain name is not registered until the contract is finalized with the subsequent payment of the chosen plan. The registration of the domain name is subject to its availability. In case of unavailability because it is already registered or in the process of being registered to another owner, RioBados will propose other available domain names to the Customer for registration.

3.4 For Domain registration, the Customer is obliged to provide the requested data correctly and truthfully.

In case the Registrar makes a request, such as in case the registration is blocked due to disputes, the Customer is required to provide his/her own valid ID to attest to the identity of the person responsible for the domain name.

3.5 Registration for Service Plans is completed electronically only.

3.6 RioBados may deactivate the Service Plan at any time in the event that the Customer does not supplement the data with the completion of the form on personal data in its control panel, undertaking to update them for any changes. RioBados also reserves the deactivation of services in case of payment disputes by the relevant credit bodies.

3.7 The Customer will find the payment options directly within the control panel; RioBados utilizes Paypal security systems as payment method for services chosen by Customers. A change of payment and billing arrangements can be implemented by the Customer via accessing their Paypal account directly. Prices are exclusive of V.A.T., tax charges are to be borne solely by the Customer purchasing the Service Plans.

3.8 In the event of late payment of services, RioBados may suspend all forms of performance of the services subscribed by the Customer pursuant to and for the purposes of Article 1460 c. c. The suspension will not be implemented immediately but after 7 days the expiration of the service, within which time the Customer will be notified by e-mail and/or text message. Therefore, it will be the Customer's responsibility to promptly update any change of e-mail or telephone address.

3.9 With automatic payments and renewal, the Customer acknowledges that the PayPal account information will be associated with his/her RioBados account for handling periodic payments for the chosen service and authorizes RioBados to make scheduled charges in the contract timeframe on a monthly basis. The Customer guarantees the availability of sums for payments for the subscribed service plans, and agrees to any termination within the natural expiration time, after which the services will be deemed renewed for which no refunds can be claimed, subject to the terms of the Consumer Code. Transaction data is encrypted using Paypal technology, and RioBados does not store any sensitive Customer data other than the textual transaction logs where unique amounts and transaction IDs related to the purchased Service Plan are shown.

Art. 4. Domain Properties

4.1 The Customer agrees and understands that the domain name registration will be in the name of RioBados and will remain registered for a period of 1 year relative to the Service Plan subscription, after which it may be transferred to the Customer.

4.2 In the event of early termination of the Agreement by either the Customer or RioBados, without prejudice to any refunds due to the Customer for the activated Service Plan, the domain will remain the property of RioBados for a period of not less than one year, within which time it may be reassigned to a successor Customer or released from any registration in the name of RioBados.

Art. 5. Customer Responsibility and Use of RioBados Services

5.1 The Customer is required to comply with the rules for the proper use of the services in order not to compromise the security and stability of RioBados systems. In case of established violation RioBados reserves the right to suspend and then discontinue the Services Plans as well as deactivation of the domain which will be taken offline or redirected to a RioBados page. RioBados will discontinue services to the Customer in case of violations deemed harmful by the requesting Authority or in case it is obliged to comply with legal regulations. The service will also be immediately discontinued in the event of illegal behavior to the detriment of third parties, in which case RioBados reserves the right to retain the Customer's activities, such as logs, files, ip addresses and any other useful information for the purposes of Law. For all violations that will be determined, RioBados will immediately notify the Customer by email and/or text message to provide a 7-day deactivation notice within which the Customer must provide a statement to object to RioBados' decision. At any time RioBados reserves the right to discontinue the Service with immediate effect without notice, for violations which it deems harmful in the immediate term to third parties or to RioBados itself and which otherwise do not comply with current Law regulations of any nature related to the Customer's misuse of the Services. However, RioBados will evaluate the statements provided by the Customer on the suspension of the Service by giving notice always by e-mail and/or SMS. The Customer is also held solely responsible in case of use of the Service Plans purchased by him and granted to third parties for any activity.

5.2 The Customer warrants that the Services will not be used for unlawful purposes and will not violate national, EU and international rules and regulations in any way. Specifically, the Customer shall not under any circumstances enter into the RioBados Services any malicious software that may cause damage to third parties or the system, such as viruses, malware, and any other programs deemed dangerous. Other cases of rule violations are:

  • Violation of copyright and intellectual and industrial property rights
  • Violation of privacy
  • Child pornography, pornography
  • Violation for defamatory , profane or offensive content that incites racial hatred.
  • Violation for unsolicited or unauthorized spam content through any electronic means such as bulk e-mail spamming.
Any violation that may harm the image of RioBados will be investigated for immediate deactivation of all outstanding Services charged to the Client. The Customer agrees that the activities described above constitute a breach of this Agreement.

5.3 Subject to certain instances of this Agreement, where a breach is established, RioBados will notify the Customer by e-mail of the timeframe within which the Customer may remedy the breach by providing the necessary documentation evidencing the proper performance of the actions required to remedy the breaches. In the event of non-compliance, RioBados di reserves the unquestionable right to terminate the Contract and to recover from the Customer any sums not yet received for the service provided as well as to take action for damages arising from the violations ascertained.

5.4 The Customer understands that he/she is solely responsible for any illegal activity carried out through the RioBados Services for actions directly or indirectly attributable to him/her. It is emphasized that the Client is also solely responsible for content disclosed by any means through the RioBados Services, which cannot be held liable in any way for any criminal, civil and administrative offenses committed by the Client. The Customer agrees to hold RioBados harmless from any legal action and costs of any nature and kind arising also from non-compliance with this Agreement in connection with the Services.

5.5 The Customer is responsible for the preservation of the data related to the purchased Service Plan. Additionally, the Customer holds the responsibility of managing their file backups. Plesk Hosting panel is included in the purchase; it will be available to the Customer at the time of activation of the Service Plan. Depending on the choice of purchase, Plesk Hosting will be able to manage automatically the use of backups, antivirus, firewalls and other functions.

Art. 6. Liability of RioBados Limitations

6.1 RioBados is committed to adopting the best technologies at disposal to make the Service Plan safe and usable for the Customer.

6.2 Except in cases of willful misconduct or gross negligence of RioBados, employees or suppliers, contractual liability shall be limited to the value of the purchase of the Service Plan for twelve months for violations or neglect of this Contract. In case of neglect by RioBados all resulting damages will be considered as a single event. RioBados can also not be held liable for damages to the Customer or third parties in case of loss of domain, loss of profits resulting from any business activity through the Service Plans,loss of data or compromise of the same, damage suffered to hardware, software or databases and any other damage resulting from the provision of the Service Plan, except for malice or gross negligence directly attributable to RioBados.

6.3 The Customer acknowledges that RioBados cannot be held liable in the event of service failure due to force majeure beyond its control. Specifically, RioBados will not be held liable by way of example for interruptions of third party services such as energy companies or telecommunication internet service delivery companies, or any failure on the part of the relevant Registrars, malfunctions of the equipment in use by the Customer resulting from any interruption of service. For these cases the Customer agrees that RioBados shall not be liable to even third parties for loss of profit, gain, or other form of profit and indirect damage related to the performance of the Contract. RioBados agrees to restore the Services as soon as possible in the event of service failure due to force majeure.

6.4 The Customer acknowledges and agrees that RioBados reserves the right to discontinue any Service for routine and extraordinary maintenance events by giving at least 48h notice by notifying the Customer by E-mail. In case of major Force Majeure events, RioBados reserves the right to discontinue the provision of Services even without prior notice. The Customer further acknowledges that RioBados shall not be liable for any direct or indirect damages of any kind incurred in connection with or as a result of said interruptions.

Art. 7. Duration, Service Plans, Renewals, and Termination

7.1 Notwithstanding for the indefinite term of this Agreement, all Service Plans will be for one year, and unless otherwise specified by the Customer, will be renewed for an additional 12 months. At any time, the Customer can change the automatic renewal type by logging into their Paypal control panel.

7.2 Barring special circumstances, each party shall have the right to terminate the Contract with at least 30 days' notice by sending a forewarning by e-mail, or for the Customer, by filling in the cancellation and withdrawal form or at the link https://riobados.com/customers/withdrawal. After this deadline, all Service Plans will be deactivated and made reactivatable within a period of 14 days following the termination, within which the Customer can reactivate all Services by logging in to their reserved area using the credentials already in use. After the 14-day period, all data will be deleted, except for logs or other files made necessary for possible requests by the Authorities, after which the Customer will no longer be able to access and retrieve the data. In any case, for privacy reasons, the Customer can request by e-mail what types of data will be processed even after the Service Plan is deleted. The Customer agrees that all files in the root of the domain, if registered to the appropriate Registrar, will be deleted and that the domain may be put back up for sale for later use. In the case of withdrawal by the Customer after the terms, RioBados will not be required to reimburse the amounts remaining for the unused days of the Service Plan, while in the case of withdrawal by RioBados, the Customer will receive a refund equal to the unused days of the Service Plan, except for costs incurred by RioBados. No other reimbursement, indemnification or compensation is made in favor of the Client.

Art. 8. Consumer withdrawal

8.1 The Customer defined as a "Consumer" as a natural person, may request withdrawal from the contract within 14 (fourteen) working days after the conclusion of the contract under Article 52 of Legislative Decree 206/2005 ("Consumer Code"). Withdrawal can be exercised by the Customer using the form in their control panel by simply clicking on the relevant submit button or via the form at the link https://riobados.com/customers/withdrawal . From that point on, the Customer will have a 14-day period to be able to reactivate his or her Service Plan if he or she makes a mistake or reconsiders. After the 14-day period following the contract termination request, the Customer will not be able to access the Service Plan and retrieve any data in any way. The Customer is required to provide proof of the proper exercise of the right of withdrawal. Following the proper exercise of the right of withdrawal by the Customer, RioBados will refund the amounts related to the remaining days of the unused Service Plan following the date of withdrawal, subject to certain provisions of the Consumer Code. As the Customer has the option to reactivate the Service Plan within 14 days following the date of termination, unless otherwise notified by the Customer, RioBados will make the refund from the 15th day following the date of termination, after which each Service Plan will cease all functions, including domain visibility, e-mail, database, Plesk hosting and any other activated applications. The domain name, being owned by RioBados will be parked and no longer usable by the Customer until the Annual Expiration unless renewed by RioBados or a third party. Unless otherwise agreed, RioBados will make the refund using the same means of payment used by the Customer to access the Service Plans.

8.2 Exception to the right of withdrawal. RioBados reserves the right not to withdraw from the contract by the Customer in case of initiation of the procedure of provision of services such as registration by the competent Authorities and / or to third-party providers such as initiation of domain name registrations, activation of Plesk Hosting services and any other type of performance in the Service Plans agreed and accepted by the Customer equivalent under Art. 59, co.1, lett. a) of Legislative Decree 206/2005 to the full provision of the service.

Art. 9. Express termination clause

9.1 RioBados may terminate these Contract terms and conditions pursuant to and in accordance with Article 1456 of the Civil Code, in the event of Customer's failure to comply with the provisions of these terms and conditions in the event of repeated violations on property rights, torts of any nature, spamming, damage to systems, Force Majeure, insolvency, bankruptcy or proceedings of any nature against the Customer, and any other form of torts listed in this Agreement that are deemed detrimental to the image of RioBados.

9.2 The rights of RioBados to payment of benefits accrued in its favor as of the date of termination of the Contract and to any compensation for damages incurred shall remain unaffected.

Art. 10. Contract Amendments and Service Plans

10.1 RioBados reserves the right to change the terms of this Agreement at any time by sending an e-mail notice within 30 days to the Customer. Changes may at any time be made in the event of changes in economic conditions by third parties such as services provided by third-party providers such as telecommunications, energy, Plesk hosting services, changes in pricing of services, Clauses imposed by Domain Name Authorities, annual changes in the rate of inflation, updates to security levels, additional regulations of laws coming into effect after the Contract.

10.2 All changes, if any, will become enforceable as of the 30th day from the date of notice to the Customer by e-mail, who will be entitled to withdraw from the contract if the prices for Service Plans or the terms and conditions of the Contract are deemed unsuitable. In the event of withdrawal, the Customer will not incur any costs for the deactivation of services, but will still not be able to claim a refund of the amount paid for unused Service Plans for the remaining days from the date of notice.

Art. 11. Communications between RioBados and Customer

11.1 The Customer agrees that all communication will be by e-mail and/or SMS associated with their account. The Customer shall promptly notify RioBados of their intention to change their mode of communication. At any time, the Customer may reach RioBados through the contact and support forms on the site at the link https://riobados.com/support-services.

Art. 12. Intellectual and industrial property rights

12.1 RioBados remains the sole owner of the rights of ownership and economic profit relating to software, documentation, written programs or anything else conceived, made, developed in function of the Service Plans offered to the Customer, who is granted only a limited right of use and not transferable to them.

Art 13. Applicable Law and Jurisdiction

13.1 This Agreement and all rights and obligations arising hereunder shall be governed by and shall be construed in accordance with the laws of Italy.

13.2 Any dispute concerning or arising out of this Contract or its execution shall be conferred exclusively to the Court of Sassari.

Art. 14. Force Majeure

14.1 Subject to certain principles of this Contract, Force Majeure is attributable to natural and weather events, obstacles in transportation, strikes, terrorist attacks, government measures, supply shortages, personnel illnesses, pandemics, import and export problems. Subject to the fault or malice on the part of RioBados' personnel, all cases of malfunctioning of technical equipment used for the proper performance of services, telecommunication failures, power system failures, cyber-crime and D-DoS attacks, power outages, or even damages suffered by RioBados' subcontractors are also considered Force Majeure events

14.2 Except for willful misconduct or carelessness on the part of RioBados, RioBados shall not be considered in breach of the Force Majeure Contract for any interruption or delay in service. The Customer is still obligated to pay the Service Plan at the end of the Force Majeure cause. Should the period of Force Majeure continue for a period of more than 1 (one month), the Customer shall have the right to terminate the Contract as of the 7th day after the month in which the Force Majeure occurred by giving notice to RioBados by e-mail. The Contract will terminate on the date expressed in the notice sent by the Customer

Art. 15. Privacy

15.1 RioBados will act as the holder for the processing of sensitive data of the Customer. The Customer recognizes that RioBados will process their data for administrative purposes for the existing contractual relationship, management of transaction logs, service communications through special forms, domain name registrations, ssl certificates. Terms of Privacy are stated at the following link: https://riobados.com/privacy

Art. 16 Compliance with EU Regulation 2022/2065 - Digital Services Act

16.1 RioBados complies with obligations under European Union Regulation No. 2022/2065 regarding transparency and removal of harmful content . Should RioBados or a third party ascertain sliding practices that violate the Digital Services Act on content uploaded by Clients to their web spaces, they may be subject to suspension of service and immediate termination of their account.
At all times RioBados will provide any data requested by the competent authorities for violations established in RioBados systems by Customers.
For this RioBados makes available to Law Enforcement and other Authorities or anyone who believes they have detected illegal content, a dedicated area for investigation requests for free consultation of any data acquired by the Customer such as ip addresses, traffic logs, any documents of any kind provided to RioBados by the Customer for the Purchased Service Plan.
Of course, Law Enforcement or other Authority will have to provide proof of identity as an Office before consulting the Client's data.
In any case, anyone can also send information about violations of the Digital Service Act found in RioBados systems directly on e-mail:
abuse_dsa@riobados.com
explaining in detail about the content deemed to be illegal, making sure to provide any data useful in identifying the illegal content in RioBados servers so that it can be immediately removed and retained for investigation purposes.
In addition, the reporter must include his or her name and e-mail, except in the case of requests for information covered in one of the offenses in Articles 3 to 7 of Directive 2011/93 EU;
RioBados undertakes to perform all verifications and provide without delay all information requested by the Authorities for investigation purposes by sending confirmation on the report acquired. RioBados could contest the reports received at any time, if there are insufficient grounds for blocking the content, except for special requests of absolute seriousness present in the 2011/93 EU directives, referring the reporter to the request for more detailed information.

PART II
FREE TESTING OF SERVICE PLANS
PWA WEB APP ACTIVATION REQUEST AND HYBRID OR NATIVE IOS ANDROID APPS

Art. 1. Purpose and Duration of Probationary Service

1.1 The Client is allowed a seven (7)-day test period to evaluate the features and qualities of the offered Service Plans. To test a Service Plan the Customer will have to choose the one that best suits his needs and provide registration and confirmation of his e-mail in response to activation. Afterwards, the Customer will have a personal control panel where he will be able to choose the domain name for subsequent activation and automatic configuration of the Plesk Hosting panel with which to provide in total autonomy the construction of his domain. The Customer at this stage is not obliged to pay any amount until it decides to carry out the registration of the domain name with the competent Authority and the related publication of the site online. In this case the Contract will be considered defined and the Customer will be required to pay for the amount related to the chosen Service Plan. The Customer agrees and agrees that the domain name will be activated by RioBados who will be the sole holder for the duration of one year from the date of registration, upon expiration the domain will be renewed in the name of the Customer using the data in the Customer's account, subject to early termination by the Customer or RioBados.

1.2 The duration of the Trial Service Plan with all features active, apart from domain registration and online site publishing, is 7(seven) days from the date of account activation, within this period the Customer will be entitled to manage his offline web space for the construction of his site for example by activating the CMS Wordpress, Sitejet Builder for Plesk or other CMS chosen during activation or even manage his pages independently using the FTP space if provided by the chosen Service Plan.

1.3 The Customer agrees and understands that if he/she fails to pay for the chosen Service Plan at the end of the trial period, he/she will lose all title to the chosen domain registration, which will be made available again to be registered eventually by another Customer.

Art.2. Web App PWA - Web App Android/IOS hybrid or native App

2.1 PWA app or progressive app is a term used by Google and refers to an application written in javascript code used to download a website as if it were a regular Android or IOS application on a mobile device.
The operation is almost global regardless of the type of browser used by the user, in practice when the user visits the Client's site, it will automatically be indicated that the domain web pages can be added to the mobile device as if it were a normal Android or Ios application and managed in the same way as any other application, so it can be uninstalled or reinstalled at will on mobile devices.

2.2 Should the Customer request it, the installation and configuration of the PWA App is chargeable based on the type of integration with the website pages, the cost is to be agreed upon based on the use the Customer will intend to make with their domain.
Installation and configuration of the PWA App will be done only after the Customer finalizes the Contract with the registration of its Domain with the Registrar and payment of the chosen Service Plan. The Customer has the option to independently provide for the programming and installation of the relevant Services Worker scripts on its own site, in which case nothing will be due to RioBados.

2.3 Native or Hybrid Android / IOS Web App. Android or Ios hybrid Apps are applications generally developed in the Java language and are used as an interface between a normal mobile application and the domain published online, so the domain will necessarily have to be online, while a native application is one that uses programming technology that allows the App to be used offline as well-for example, for managing the GPS locations of a company's vehicles, as an internal employee management, job management, and more.
The Customer can use RioBados services for application development with costs that are defined according to the type of work to be handled.
In each case, the Client will receive a cost estimate and timeline for development of the Application.

PART III
USEFUL INFORMATION FOR CONSUMERS UNDER ARTICLE 49 OF THE CONSUMER CODE

Code Legislative 206/2005 applied to the category Consumer.

What the Consumer Customer of the RioBados service needs to know:

  • Any complaints should be submitted only by e-mail to
    claim@riobados.com
    and will be processed as quickly as possible and no later than 3 days
  • RioBados provides internet services such as domain name registration reservations through the relevant Registrars
  • Supplies of web space through Service Plans.
  • Plesk web hosting supplies on loan for domain management, email, clients, Ftp and other services easily identified in comparisons of Service Plans offered.
  • The price of services is intended without taxes
  • The payment methods are indicated within its control panel and refer only to the use of the Paypal encrypted platform
  • Activation of services by RioBados occurs after the trial period and consequently upon payment of the Service Plan with simultaneous registration of the domain(s) with the appropriate Authority.
  • Pursuant to Article 54 paragraph 1 Consumer Code The right of withdrawal can be exercised by the Customer at any time and in any case not later than 14 days from the date of activation of the contract without any reasons and costs, by sending communication through the withdrawal form present at the link https://riobados.com/customers/withdrawal
  • The burden of proof of the exercise of the right of withdrawal is on the customer.
  • Following the right of withdrawal by the Consumer Customer, RioBados will refund the amount for the remaining days of the unused Service Plan from the date of the request for withdrawal using the same payment method for the purchase of the Service Plan used by the Customer
  • The right of withdrawal cannot be applied after the complete activation of the Service Plan, which includes the activation procedures and the registration of the domain name with the competent Authorities for the period indicated in the Service Plan and any other third party sub-activations, this implies the complete provision of the service according to Art. 59 com. 1, lett. a) of Legislative Decree 206/2005
  • The Customer may at any time reach technical support to exercise his or her right to technical support, using the support links https://riobados.com/support-services.
  • Service Plans are for one month automatically renewable, Customer can change the automatic renewal via their Paypal account. It is understood that the Customer must manually make payment for the Service Plan within the allowed time frame and no later than 3 days the due date of the monthly payment to avoid interruption of service.
  • Service Plans can be paid for as a monthly subscription or in one annual lump sum, in which case the Customer will benefit from a discount that is indicated in the Service Plan at the time of choice.

PART IV
WHAT IS MEANT BY SERVICE PLAN AND CONTROL PANEL HOSTING PLESK

Hosting Plesk

RioBados grants the Customer a 7 (seven) day free trial for the activation of its account on RioBados and the activation of the Plesk Hosting Control Panel that allows the Customer to independently administer any project that the Customer intends to manage within the limits imposed by the terms of this Agreement and the settings of the Service Plans chosen by the Customer.
The Plesk Hosting panel is given on loan included in the monthly subscription price.
Each Service Plan features activation of software and other useful components for managing one's site, e-mail, clients, web space, ftp client and requested by the customer during activation.

APPROVAL OF UNFAIR TERMS

Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Customer declares that he/she has carefully read and approves all the clauses of the Contract.

The Customer agrees to download and print this Agreement.

Download the Contract

Terms Contract updated to 2024

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