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CONTRACT FOR THE PROVISION OF INFORMATION SERVICES
Art. 1 (completion of the contract)
1.1 The contract (the “Contract”) is finalized when the Customer accepts with the selection of the virtual purchase button the contractual conditions present on the OnlinePonzi.com site of PONZI S.p.A. (“Ponzi”) at the time of the purchase of the services.
1.2 Once the Contract is finalized, the Customer expressly authorizes Ponzi to perform the services under the Contract. It is understood that the commencement of the performance of the Services by Ponzi is subject to the payment of consideration by the Customer.
1.3. It is also understood that the consideration shall in any event be due to the Customer even in the event of a negative outcome of the activities referred to in the individual assignments.
Art. 2 (withdrawal of the parties)
2.1 Only in the event that the Customer signs the Contract as a consumer as defined in the Consumer Code (i.e. Legislative Decree September 6, 2005, n. 206), the same may take advantage of the right of withdrawal under the regulatory framework, it being understood that the Customer, by signing the Contract, expressly agrees that he/she can no longer benefit from the right of withdrawal once Ponzi has begun the provision of the service covered by the contract.
2.2 In all other cases, any withdrawal by the Customer must be received by Ponzi's pec or email within 24 hours from the date of the execution of this Contract to the contact details indicated in this Contract. Otherwise (i.e. where the notice of withdrawal is received after 24 following the finalization of the Contract), the Customer shall be obliged to recognize Ponzi the payment for the service performed up to the day of withdrawal, which may not in any case be less than 25% of the agreed consideration. The 24-hour period referred to in the preceding paragraph shall not apply in the case of urgent requests or where a start of activities is agreed within 24 hours after the Contract is finalized.
2.3 Should the performance of the task covered by the Contract become impossible for reasons not attributable to Ponzi, by way of example but not limited to initial information provided by the Customer not corresponding to the truth, Ponzi may terminate the Contract and in such case will be entitled to reimbursement of expenses incurred and a fee to be determined with regard to the work actually performed according to tariff schedule, however not less than 25% of the agreed consideration.
Art. 3 (manner of carrying out the assignment)
3.1 The Customer entrusts Ponzi, as a person with the appropriate prefectural license and authorization (pursuant to Article 134 of the T.U.LL.P.S. and Articles 327bis and 222 d.L. 27/1/89 as amended by L. 397/2000), to acquire the required information and perform the information services referred to in this Contract.
3.2 Ponzi, duly authorized in accordance with the law on the basis of Ministerial Decree No. 269/2010 may, among other things, carry out, also by means of its own collaborators reported in accordance with Article 259 of the TULPS Implementing Regulations: static and dynamic observation activities (so-called. tailing) also by means of electronic instruments, video/photographic filming, inspection, collection of information extracted from documents of free access also in public records, interviews with people also by means of telephone conversations, collection of information found directly at the customer's premises. Ponzi may also make use of third parties with a valid prefectural license to carry out the activities referred to in the Contract, subject to Ponzi's reservation to inform the Customer of the identification data of such third parties should it decide to make use of them.
3.3 For the purpose of the performance of the assignment, the Customer undertakes to communicate any information that may be requested by Ponzi as well as results of any investigations carried out previously.
Art. 4 (privacy)
4.1 Pursuant to the data processing regulations, the Customer, in engaging Ponzi, agrees to request only information that is necessary and lawfully usable, such as:
(a) fulfillment of a legal or regulatory obligation;
(b) performance of contractual obligations to the data subject;
(c) fulfillment, prior to the conclusion of the contract, of specific requests from the data subject (acquisition of pre-contractual information);
(d) information from public sources knowable by anyone;
(e) information relating to the performance of economic activities;
(f) protection or defense of one's rights in court;
(g) performance of defensive investigations;
(h) use of the services provided by Ponzi to provide support to the following subjects:
- Third party rights holders against third party debtors or related parties who make use of the customer's services;
- Third parties who make use of the Customer's services to perform audits and consultations related to the possibility of acquisition of contracts, goods
It being understood that in the latter circumstance (i.e. letter h) third parties undertake to request only information that is necessary and lawfully usable.
4.2 In the processing of personal data for the purposes of this contract, the Parties undertake, to the extent of their respective competences, to comply with the provisions of the Privacy Code and, in particular, the Customer guarantees compliance with the obligations to inform the data subject and to obtain the relevant consent, where necessary in accordance with the law.
4.3 Unless there are special needs, and in any case no later than 30 days after the survey results are sent to the Customer, Ponzi will not retain the data resulting from its surveys and will deliver them in a single copy to the Customer. Therefore, any subsequent requests for information or clarification must be accompanied by a copy of the report.
Art. 5 (duty of confidentiality)
5.1 Unless expressly authorized by Ponzi, the Customer agrees to keep all information provided by Ponzi during the course of this Contract confidential and not to disclose it to third parties and to take the necessary steps to ensure its confidentiality.
5.2 Ponzi undertakes to keep confidential all information found in the course of the assignment under the Contract, and not to disclose it to third parties and to take the necessary measures to ensure its confidentiality. It is understood that this obligation of confidentiality will be waived in cases where the disclosure of such information becomes necessary (i) for the finalization of investigations or (ii) in the course of civil or criminal proceedings.
Art. 6 (applicable law and place of jurisdiction)
6.1 This Contract is subject to Italian law.
6.2 Only in the event that the Customer signs the contract as a consumer within the meaning of the definition set forth in the Consumer Code, the dispute arising out of or related to this Contract shall first be subject to a conciliation attempt pursuant to Legislative Decree No. 28 of 2010, as amended, on the basis of the Mediation Rules of ADR Center, registered at No. 1 in the Register of the bodies appointed to manage conciliation attempts of the Ministry of Justice. The regulations, forms and table of indemnities in force at the time of the activation of the procedure can be consulted at www.adrcenter.it, If the conciliation attempt fails, the dispute will be referred to the competent judicial authority of the Milan forum.
6.3 In all other cases (i.e. where the Customer does not have the status of consumer as defined in the Consumer Code) the competent court for any dispute arising from this contract is the Court of Milan.
Art. 7 (limitation of liability)
7.1 Any damage caused by Ponzi to the Customer in the performance of its services shall be compensated to an extent not exceeding the amount paid by the Customer for the individual service the performance of which caused damage to the Customer. Any compensation for damages, direct or indirect, suffered by the Customer as a result of the use of information provided by Ponzi is expressly excluded given that Ponzi makes use of data from public registers, directories, bulletins and archives of public sources.
7.2 Except in cases of willful misconduct or gross negligence, any liability of Ponzi, or its directors or employees or collaborators, is expressly excluded for the following:
Art. 8 (unilateral modification of contract conditions)
8.1 This is without prejudice to Ponzi's right to change, modify, expand, delete or update, at its sole discretion and at any time, in whole or in part, these General Terms and Conditions of Use. The Customer should therefore regularly access this section of our site to check the publication of the most recent and updated General Conditions of Use.
Pursuant to and for the purposes of Articles 1341 Civil Code, the parties after careful reading, declare that they specifically approve the following clauses that were the subject of negotiation: 2 (withdrawal), 4 and 5 (confidentiality obligations) 6 (place of jurisdiction), 7 (liability for damages/limits) and 8 (unilateral modification of general conditions).