1 Provisions for the products / services offered by Web & Graphics
1.1 The following provisions apply to the General Conditions (GTC) relating to the contract for the products / services offered by Amodeo DOMENICO | Web&Graphics (hereinafter "Web&Grpahics"). The Supplier Company reserves the right to modify these General Terms and Conditions at any time. The Customer can view the updated version of the GTC on the website www.webandgraphics.ch or request a copy from the Supplier Company. With the payment of each invoice, the customer confirms having read and accepted the updated version of the General Terms and Conditions.
1.2 The customer's contractual partner is Web & Graphics of Amodeo Design («Supplier Company»).
2 Availability of the service
The service is normally available 24 hours a day, 7 days a week. The Customer acknowledges that the availability of the service may be temporarily suspended due to technical problems, maintenance activities or assistance. The Customer also acknowledges that the Supplier does not accept responsibility for the availability of third-party services used for the implementation of the Web & Graphics product or options (see point 8 CG Online).
3 Domain name
3.1 The domain name of the Web & Graphics product is established and registered by the Supplier Company in agreement with the Customer. The Customer is registered as a holder and the Supplier Company as a technical contact and billing contact.
3.2 In the event that the Customer already possesses a registered domain name, the Supplier may take him on condition that the Customer places at his disposal all the elements necessary for the relative transfer. If these elements are not made available within 30 days from the stipulation of the contract, the Customer is required to choose another domain name and to have it registered by the Supplier Company. Otherwise the Supplier Company has the right to register a replacement domain name on behalf of the Customer.
3.3 The Supplier is not obliged to check whether the Customer is authorized to transfer and register the domain name. By entrusting the Supplier with the task of transferring the domain name, the Customer declares in a binding manner that he is authorized to transfer and register the domain name.
3.4 With regard to the domain name and the use of other Web & Graphics product / service options, the Customer expressly declares and guarantees to respect the rights of third parties, in particular corporate, copyright and trademark rights. Point 6 (Intellectual property and rights of third parties) of the Online CG applies by analogy.
3.5 The Supplier Company is authorized to temporarily block the transfer of a domain name if a court or another authority should order it.
3.6 The Supplier Company manages this domain name during the contract term agreed as a billing contact and technical contact and in this period the relative obligations (including taxes) are assumed. This obligation expires when the contract expires. The Customer can request that the domain name be transferred to him (the technical contact and the billing contact then return to the Customer). Otherwise, the registration of the domain name is canceled.
4 Website content
4.1 The Customer assumes full responsibility for the contents of his website. The Customer guarantees that such contents do not violate the provisions of the law, in particular that they do not present material of a sexual or pornographic nature and that names or terms that evoke or advertise programs or contents of this type are not used. The foregoing is also applicable to contents and formulations of an extremist, political or improper nature or which violate morality, and is generally valid for the respect of any third party rights. In any case, the Customer is also required to comply with the applicable data protection regulations and in particular to ensure that the users of the website are informed based on the provisions currently in force regarding data protection, cookies and other technologies. tracking used.
4.2 The links within the website that refer to other Internet sites outside the service of the Supplier Company are permitted only if the latter satisfy the requirements of point 4.1.
4.3 If the Supplier ascertains that the Customer has in any way violated the provisions of this point 4, it is authorized to interrupt its services until the state of legality is restored.
4.4 If a communication is sent to the Customer by e-mail, the Customer has the obligation to verify the content and communicate any requests for changes to the Supplier within the specified deadline. In the case of requests for changes made subsequently, the Customer bears the costs of the desired changes. In the absence of confirmation by the Customer within the aforementioned deadline, it is assumed that the contents are approved by the Customer.
5 Storage and publication of content by the Customer
5.1 The Supplier may offer the Customer the possibility to insert and personally modify the contents on its website. In this regard, the Customer expressly consents to the online publication and publication of its content without verification by the Supplier Company. However, the Supplier may, at its discretion, remove content from the website at any time and without specifying the reasons.
5.2 For the option described in point 5.1, registration of the Customer may be necessary. The Customer is obliged to indicate the requested data completely and truthfully and to promptly communicate any changes that have occurred. The Customer is solely responsible for the content of his registration and therefore for the personal information provided. The Supplier is authorized to cancel the registration of the Customer at any time without having to specify the reasons. The Supplier Company takes precautionary measures to protect its application from unauthorized access by third parties. However, absolute protection is not possible. Therefore the Supplier cannot be held responsible for the consequences of unauthorized access.
5.3 The Customer assumes the responsibility of keeping the assigned password secret and responds to the Supplier of any use of the service originating from the username activated for the Customer.
6.1 The Supplier may make available to the Customer a model of data protection declaration and similar contents (eg an impressum, conditions of use, etc.) for publication on the website. In using these models, however, the Customer is solely responsible for their correctness of content and their compliance with the applicable law (in particular the legislation on data protection). To the extent permitted by law, the Supplier declines all responsibility for such content. In particular, the Supplier Company is not responsible for the completeness and correctness of the document templates made available.
7 Third party claims
7.1 The Customer shall indemnify the Supplier from all costs (including defense costs) and third-party claims, which may be brought against the Supplier Company.
8 Intellectual property
8.1 At the request of the Customer there is the possibility that the Supplier may use illustrations, graphics, photographs or other legally protected contents belonging to third party suppliers (hereinafter referred to as third party works), eg. if the Customer does not have his own illustrations, graphics or photographs. In these cases, the Customer is obliged to respect the rights of third-party suppliers as well as the limitations and obligations connected to the possible (sub) license of third-party works inserted according to the applicable provisions of third-party suppliers. In the event of infringements, the Customer is indemnified by the Supplier.
9 Processing of data on behalf
9.1 The personal data made available to the Customer which must be used in the construction of the website (collectively called "customer data") are the responsibility of the Customer. In this regard, the Supplier Company acts as a mere data processor on behalf and handles customer data in a confidential manner. The Supplier Company is authorized to use customer data anonymously for error analysis, improvement of software functions and for benchmarking purposes even after the contract is terminated. With respect to the Supplier Company, the Customer remains the exclusive owner of the responsibility under the data protection law and is responsible for the legitimacy of the collection, processing and use of customer data based on the provisions of the law. The Customer must ensure that it is authorized to provide the Supplier with the assignment and the simultaneous transmission of customer data to the Supplier Company. It is in particular required to request any necessary consents and to fulfill all information obligations. The customer keeps the supplier company completely free from all claims made by third parties against the supplier company in the context of processing customer data required by the contract.
9.2 If the Customer provides the Supply Company with personal data that the Supplier Company processes as a data processor on request, the following applies:
9.2.1 The Supplier Company processes the personal data made available by the Customer for processing during the duration of the contract for the provision of the services provided for by contract and for this purpose it stores and processes this personal data within its own systems on behalf of the Customer.
9.2.2 The Supplier will process this personal data - except as provided by binding legal provisions - exclusively for the implementation of the contract, only for the purposes and only on the basis of the documented instructions of the Customer. The instructions of the Customer result mainly from the contract and from the way in which the Customer benefits from the provision of the service of the Supplier Company.
9.2.3 The Supplier Company will ensure that all persons authorized to process personal data commit themselves to confidentiality, if they are not subject by law to an adequate obligation of confidentiality.
9.2.4 The Supplier Company will take adequate technical and organizational measures to protect personal data, in compliance with the requirements of the Swiss Data Protection Law and the art. 32 of the general data protection regulation (GDPR) of the EU.9.2.5 Where reasonably possible, the Supplier will support the Customer through the fulfillment of the obligation to inform the interested person according to the appropriate technical and organizational measures foreseen by the applicable data protection law and will respond to the Client's requests regarding the rights of the data subject.
9.2.6 The Supplier Company will promptly inform the Customer if it deems that an instruction of the Customer regarding the processing of personal data may violate the applicable data protection law.
9.2.7 The Supplier Company will support the Customer in reference to the obligations to which it is subjected based on the applicable law regarding data protection, eg. the art. 32 to 36 of the GDPR and the relevant provisions of Swiss data protection law. The Supplier Company will promptly inform the Customer of a data protection violation within the scope of the Supplier's responsibility.
9.2.8 The Supplier Company will make available to the Customer all information reasonably necessary so that the Customer can adequately document compliance with the provisions of this point 9.2 by the Supplier. Should this prove to be absolutely indispensable pursuant to the applicable law on data protection and the information made available by the Supplier Company are not sufficient, the Supplier will allow the Customer - to the extent absolutely indispensable by law - to carry out the expense Customer of inspections by the Customer himself or by an inspector accepted by the Supplier Company, appointed by the Customer and obliged to keep confidential. Such inspections cannot prevent the regular performance of the activities of the Supplier Company and the sub-contractors concerned. They must be carried out, after consultation, during normal business hours and cannot affect the protection of secrets and personal data of other customers of the Supplier Company.
9.2.9 The Supplier has the right to delegate the processing of personal data to third parties ("sub-outsourced"), in particular for the purposes of the operation, development and maintenance of the IT infrastructure used by the Supplier for the provision of its performance. The Customer consents to such delegation.
9.2.10 The Supplier is authorized to charge the Customer with the costs and expenses deriving from the provision of services based on points 9.2.5, 9.2.7 and 9.2.8, provided that the Supplier has previously reported it to the client.
9.3 At the request of the Client, and at the latest at the end of the contract, the Supplier will cancel the customer data, unless it is obliged by law to keep them. If cancellation is possible only through excessively laborious procedures (eg backup), the Supplier may replace it by blocking access to customer data. If the Supplier Company retains customer data once the contract is terminated, it will continue to do so confidentially in accordance with the provisions of this point 9.