General Conditions – Eurocredit Business Information
EUROCREDIT BUSINESS INFORMATION Srl (the “Company”) and the Client intend, by means of the following general terms and conditions, to govern the relationship for the provision of the Service, the characteristics of which are analytically described on the website www.eurocredit.it.
Art. 1 – Subject matter, conclusion and type of contracts, remuneration and variations.
- The Company grants the Client, who accepts, the right to access and use, by electronic means, under the conditions and for the period specified below, the commercial information services made available on the following website www.eurocredit.it (the “Services” or “the Product”) in accordance with the specifications and the modalities resulting from the General Guide containing the Price list in force, of which the Client declares to have received a copy by signing this document.
- The Company will assign to the Client one or more usernames and passwords to enable him to access the Site and use the Services, starting from the date of activation and for the duration set out in this contract. The Client is obliged to keep and diligently safeguard the access credentials and is responsible for any damage that the improper use of the same may cause to the Company.
- This contractual proposal is irrevocable for the Client for a period of thirty days from the date of subscription. Pursuant to and for the purposes of Article 1327 of the CC, the Client shall make an express request to the Company for performance without prior acceptance of this contract. The acceptance by the Company will be manifested through the first of the following activities: notification of activation, enabling the Customer to connect to or receive the Product by e-mail or on a digital medium.
- The duration of the contract shall be as indicated on the front page, starting from the date of authorization of the connection, coinciding with the sending of the access credentials.
- The Customer shall be entitled to use the Services up to a maximum of the pre-determined amount paid in advance, as set out in the Periodically Updated Tariff and within the time limit indicated in point 4 of Article 1. With reference to contracts of three years’ duration only, it is stipulated that, in the event that the amount of the annual ceiling is used by the Client to 90% of the value by the first or second year of the contract, the invoicing and payment of the instalments relating to the subsequent year will become immediately due, with the consequent right of the Company to proceed with the corresponding invoicing and the obligation of the Client to make the payment within the deadlines indicated in the prospectus. If, at the end of the contract, the Client has not used part of the total amount of the ceiling subscribed, the Company shall retain any unused balance, without any right of refund to the Client. The Company will periodically send the Client the balance sheet of the ceilings with the relevant statement of account; it will be deemed tacitly approved if no specific complaint is received within 15 days.
- The Client undertakes to pay the amount indicated in the commission to the Company at the contractually agreed deadlines. The fee is calculated on the basis of the Price Listin force at the time the invoice is issued, as indicated on the website www.eurocredit.it, and includes any secretarial fees payable to the Chambers of Commerce and Conservatory Fees. The amounts of duties, taxes and levies may change as a result of legislative or regulatory provisions and, consequently, the fee will be automatically updated on the basis thereof. Pending the report, the remuneration may also be increased by the entry into force of new prices. In such a case, the Company will inform the Client 15 days in advance of the entry into force of the new prices by means of a notice on the website and/or by e-mail, letter and/or telefax.
- The Client expressly accepts the procedure used by the Company for the verification of consumption on the website www.eurocredit.it.
- The terms and conditions of payment are indicated on the front page of the commission signed by the customer. In the event of payment in instalments, failure by the Client to comply with even one of the agreed deadlines will result in the Client’s forfeiture of the benefit of the deadline, with the consequent right of the Company to claim immediately the entire amount due. In the event of non-payment within the prescribed time limits, the Company has the right to suspend the provision of the Services until the date of actual satisfaction of its claim; the suspension does not affect the duration of the contract.
- Invoicing will be carried out according to the methods indicated on the front of this commission. The Company reserves the right to assign the receivables arising from this contract to factors or other persons by simple written notification to the Client; in this case the agreed payments shall be made directly and exclusively to the assignee and only in this case shall they have a discharge effect for the assigned
Art. 2 – Right of Withdrawal.
- Pursuant to and for the purposes of Legislative Decree 206/2005 (so-called Consumer Code), the Customer who must be recognized as a consumer, according to the definition contained in the art. 3of the aforementioned Code, will have the right to withdraw from this contract within ten working days from the date of its conclusion and without prejudice to the hypothesis of previous use of the Services, by giving written notice to EUROCREDIT BUSINESS INFORMATION Srl by registered letter with return receipt or by telegram, fax, telex, e-mail provided that it is confirmed by registered letter with return receipt within the following forty-eight hours to: EUROCREDIT BUSINESS INFORMATION Srl, Via Mauro Macchi 58 – 20124 MILANO (MI).
- The Client acknowledges the Company’s right to withdraw from the contract in the event of termination of the Service as a result of internal reorganisations or early termination of the contract with the supplier relating to the services covered by this contract. The Company will also be able to withdraw from the contract if the Client is subject to bankruptcy proceedings. The right of withdrawal shall be exercised by the Company by means of a registered mail with return receipt and shall be effective upon receipt by the Customer. As a result of the Company’s exercise of this right, the Client will only be entitled to a refund of any amount paid for the part of the service not used at the time of withdrawal, with the Company being relieved of any other liability to the Client.
Art. 3 – Features of the Services and changes.
- The Services covered by this contract are provided in accordance with the characteristics indicated on the website www.eurocredit.it, which the Customer declares to be aware of as they were communicated to him at the time of signing the contract. The Services provided to the Client may be performed either directly by the Company or by third parties designated by the Company, without prejudice to the Company’s liability for the performance of this contract, within the limits set out in Art. 6 par. 4 .
- The Company reserves the right to make changes and improvements to the Services it deems appropriate, upon communication to the Customer by publication on the website and/or via e-mail, post and/or fax. The Company does not guarantee the compatibility of the equipment in the Customer’s possession with the use of the Services, the Customer itself remaining responsible for the correct configuration and proper functioning of such tools, as well as verifying the presence of all the requirements required for the use of telecommunications networks, as specified in the General Guide.
- Access to the Service is from 08:00 to 20:00 (Italian time) from Monday to Saturday (Saturdays are not technical assistance), except for the days considered holidays according to the Italian calendar and the summer closure period which will be communicated to the customer.
- If the connection to the EUROCREDIT BUSINESS INFORMATION intranet is used, the Company provides the Customer with the connection and search software, the relevant user licenses and the necessary updates. The Customer has the right to use the connection and navigation software within the limits indicated in the concession document, without duplicating them. Software licenses are granted for the entire duration of the contract starting from the date of installation of the product; in this regard, the Company declares that it has full rights to grant the licenses of use covered by its copyright, having all the relevant copyrights and other intellectual property rights on the software. Any tampering or unauthorized duplication of the programs, as well as any fraudulent access to the Databases, will be prosecuted in accordance with the law. The Customer undertakes to pay, in addition to the Services provided, the fees for the following ancillary services, where indicated on the title page: the software for connection, navigation, storage and local processing of the data received, upon installation; the fee for the user license, including updates and any modifications to the software for each year of validity of the contract (or fraction of a year, expressed in twelfths); the annual subscription fee to the databases distributed by the companies for each year of validity of the contract (or fraction of a year, expressed in twelfths).
Art. 4 – Responsibility.
- All information, data and news provided by the Company must be considered for the exclusive and internal use of the Customer himself, any re-use and commercial exploitation of the same being prohibited other than that expressly agreed. The Customer assumes complete responsibility and care to ensure that such information is not, even indirectly, divulged, communicated, or made accessible to third parties outside its own activity or organisation, with the obligation to hold the Company harmless from any claim for compensation that may be made against it by third parties.
- In no event shall the Company be held liable for any inaccuracy in the information provided that results from errors or omissions in official databases or public records used as a source. The Customer declares himself aware that the Services provided by the Company are supplied on the basis of data updated to the month preceding the month in which delivery is made.
- The Client declares that it is aware that the information provided through scoring or rating indicators must be considered indicative and provided for the sole purpose of giving the Client elements of evaluation. The Client acknowledges, therefore, that the analyses are to be considered non-binding and that no guarantee is given by the Company on the same, except for that inherent to the correct application of the relevant generation and calculation methodologies. The Company shall not indemnify any damage that may be caused to the Client as a result of the untruthfulness and completeness of the information provided, nor as a result of any assessments made by the Client on the basis of such information. The Client is therefore obliged to check the analyses and complete them as he sees fit, recognising that the responsibility for establishing business relations with the company or person subject to the analyses is and remains solely with him. To this end, the Client expressly acknowledges that the analyses do not in any way constitute a guarantee for the successful outcome of financial or commercial transactions undertaken by the Client.
- Except in cases of wilful misconduct or gross negligence, the Company shall not be liable for damages of any kind, whether direct or indirect, suffered by the Customer or a third party in connection with the use of the Services, information extracted from public registers and economic analyses.
- Due to the telematic methods of supplying the Services, the Company declines all responsibility for any temporary inability to use all or part of the Services for any reason whatsoever. The Company assumes no liability for damages, claims or losses, direct or indirect, deriving to the Customer due to the failure and/or defective functioning of the Customer’s electronic equipment or that of third parties or of telephone and/or telematic connections not managed directly by the Company or by persons for whom the Company is responsible.
- The Parties expressly agree that, in the event that it is necessary to carry out ordinary and/or extraordinary maintenance work in order to ensure correct access to the Services, the Company may proceed, subject to notification on the site, to temporarily suspend the services for the time necessary to carry out the work.
Art. 5 – Expiry.
- Any dispute, request, claim and/or demand that the Customer intends to propose regarding delays and/or inefficiencies and non-fulfilments must be brought to the knowledge of the Company, by registered letter with return receipt, within the term of 30 days from the date on which the Customer made the purchase. Any dispute, request, claim and/or demand that the Customer intends to propose regarding delays and/or inefficiencies and non-fulfilments must be brought to the Company’s attention by registered letter with return receipt within 30 days from the date on which the Customer made the purchase. The elapse of the aforementioned term without the aforementioned communication being sent shall result in the definitive forfeiture of any right in this regard.
Art. 6 – Customer’s Obbligations and expressed termination clause.
- The Customer acknowledges that the Services, the databases, the software and any other support or material that may be provided by the Company in execution of this contract is in the exclusive property of the Company or its licensors and that it is held by the Customer simply by way of licence to use it. Therefore, after the termination of the contract, the Customer shall cease using the licensed data and return what is held by him at the simple request of the Company.
- The Customer may not assign the contract and the rights and obligations arising therefrom to third parties, in whole or in part, without the prior written authorisation of the Company.
- The Customer may under no circumstances use the company name and/or trademarks and/or logos and/or distinctive signs of EUROCREDIT BUSINESS INFORMATION Srl without authorisation and undertakes to avoid confusion between its own activity and that of the Company.
- The Customer undertakes to notify the Company in writing as soon as possible – and, in any case, within 24 hours – of any loss of secrecy of the credentials assigned for access to and use of the Services.
- The customer undertakes not to request information reports on himself or on persons, entities and companies connected to him and not to disclose the content of the information in whole or in part, either verbally or in writing, to those concerned.
- The Customer undertakes not to disclose, communicate and make accessible to third parties outside its business or organisation the information provided by the Company in performance of this contract.
- The Customer declares that its own data and those of its members given on the cover sheet are true and up to date and undertakes for the duration of the relationship to notify the Company of any changes and alterations.
- Any breach by the Customer of the obligations and prohibitions set forth in paragraphs 2 Art. 6, 3 Art. 6, 4 Art. 6, 5 Art. 6 and 6 Art. 6. of this contract shall result in the immediate termination of this contract pursuant to Art. 1456 of the Italian Civil Code, with the consequent right of the Company to retain the amount of the entire consideration paid by the Customer and without prejudice to the Company’s right to compensation for damages. The termination shall take effect upon receipt by the Customer of the communication, sent by registered letter with advice of receipt to the address indicated by the Customer at the time of signing the contract, whereby the Company declares that it wishes to avail itself of this clause.
Art. 7 – Law Applicable to the Contract, Jurisdiction and Privacy.
- This contract is governed by Italian law. With regard to disputes that may arise with reference to the interpretation or execution of the contract, the Court of the place of residence or elective domicile of the consumer, as defined in Article 33 of the Consumer Code, shall have jurisdiction. In the event that the Customer is a person other than the consumer, the competent Court shall be the Court of Milan.
- The Customer expressly authorises the Company to process his/her personal data for the purposes inherent to the execution of the contract and those related to the performance of EUROCREDIT BUSINESS INFORMATION’s activities.