General conditions for (Software-as-a-Service) of “PiattaformaPA” (Piattaforma s.r.l.)
General Terms and Conditions of the SaaS (Software-as-a-Service) Contract of ” PiattaformaPA” (Piattaforma s.r.l.)
Art 1. Definitions
Account means the User profile and the contents uploaded following registration;
by Customer we mean any registered User (Companies or not), who intends to make use of the service offered by the “Public Procurement Platform”;
Content means text, images, photographs, documents and all other forms of data or communication that may be entered into the platform by the user, including information publicly shown in the profile of the personal account, as well as all the content made available in relation to the platform ;
Software as a service (SaaS) refers to an application software distribution model where a software manufacturer develops, operates (directly or through third parties) and manages a web application that it makes available to its customers via the internet.
Art 2. Object and nature of the contract
1.1 With this ” PiattaformaPA ” (Software-as-a-Service) SaaS Agreement, owned by Piattaforma srl, it undertakes to grant the Customer the use, temporarily and remotely via the Internet, of the Software licensed under license. use via the web for what concerns monitoring, processing, management and reporting relating to tender procedures.
PiattaformaPA and the Customer agree that the relationship and use of the same platform will be governed by this Agreement.
The object of the contract, therefore, is:
The availability of a space on the technological platform owned by PiattaformaPA, for the publication and information of authorized and certified third-party tenders;
On the Landing page of the platform, there will be statistics and information on calls published by registered Users;
Customization of the customer where, by filling in a special form, the tender information will be entered, which allows you to extract a synthetic pdf file;
An initial free trial is provided, and then passes into subscription mode by choosing between three different service packages and features.
The availability of login credentials for using the Software;
1.2 User charges:
1.2.1 Tenders originate from official third-party portals. Some calls, however, are restricted access and require special accreditation. Therefore, no notices will be published on the PiattaformaPA for these calls, but the User can create the call on the PiattaformaPA through the appropriate functionality.
1.2.2 All backup is done in the cloud. If the license expires and is not renewed, the documents and all information relating to the announcements cannot be removed and, therefore, will be deleted.
Art 3. Acceptance of the conditions of the supply of the Service
3.1 By registering, for the purposes of the usability of the service, the Customer fully accepts all the conditions contained therein, as well as, as specified on the Contract itself, these Conditions of use. Unless otherwise provided, the introduction of any change to the Service that makes it otherwise usable will be subject to and governed by the same General Conditions.
PiattaformaPA reserves the right to modify the General Conditions at any time and without notice.
3.2 PiattaformaPA is subject to improvements, evolutions (also deriving from legal provisions) and contents.
PiattaformaPA reserves the right to make any changes and / or improvements to the licensed and offered services that are considered appropriate and necessary.
The new General Conditions in force upon acceptance of the contract will remain in force until the natural expiration of the same.
The Customer can check the current text of the General Conditions at any time, as updated from time to time by the platform, directly on the website www.PiattaformaPA.com.
Art 4. License to use the Services – Definition of the Service offered
- 1 The PiattaformaPA services in s.a.a.s technology are licensed for use for a period of one month and / or one year.
There is a free trial of the Service, which will have an unlimited duration through a Freemium User with limited activities necessary for the mere basic interaction with PiattaformaPA, then switching to subscription mode, providing the possibility to choose between four subscription methods. 4.2 The license agreement provides for the use of the s.a.a.s. software called PiattaformaPA with data residing on Amazon AWS servers.
4.3 By accepting the conditions, the Customer is in no way the owner of the platform or any part of it except for the data and files that he himself imported or digitally into the system through PiattaformaPA.
Art 5. Activation and provision of the Service
5.1 The services are activated and distributed online according to the procedures indicated and with the authentication credentials provided, via e-mail automatically generated by PiattaformaPA. 5.2 The authentication credentials cannot, in any way, be sold or used by third parties without the permission and prior express authorization of PiattaformaPA.
Art. 6. Obligations relating to the activation of the Service
6.1 In order to use the Services:
Providing false data, non-existent e-mails or personal data that is incomplete, inaccurate or deliberately tampered with is prohibited. Such an eventuality will provide a valid reason to suspend the service or terminate it completely. However, PiattaformaPA reserves the right to unilaterally evaluate the request for a license to use and then proceed or not with activation.
6.2 The Customer guarantees that the data indicated in the acceptance of the contract proposal are updated, complete and truthful, undertaking to promptly communicate any changes, so that they are constantly updated, complete and truthful. The Customer assumes full responsibility for the truthfulness of the data communicated and their subsequent amendments.
The Customer is solely responsible for the use of the service, as well as for any detrimental consequences that may fall on PiattaformaPA and third parties. The Customer undertakes not to transfer or disclose (directly or indirectly) the login credentials to third parties and undertakes to immediately notify PiattaformaPA of any theft or loss and / or unauthorized use by third parties as soon as they become aware of them, however, undertaking to indemnify and hold PiattaformaPA harmless from any request, including for damages, proposed and / or deriving, directly or indirectly, from the aforementioned use or abuse of the service and / or account.
By way of example and not limited to, it is forbidden to rent, lend, resell this license of use and the services contained therein, to provide under license or for any other reason, unless specific written agreements made with PiattaformaPA. Customers who are in possession of the legitimate use license can manage the data of end users, generating their respective access credentials, within the limit of the rights purchased.
It is forbidden to make copies, or distribute, for profit, free of charge or otherwise, all or part of the software and the code and services contained therein, just as it is absolutely forbidden to disassemble, alter or modify the source code of the platform through procedures not covered by the platform itself.
The customer undertakes, also and on behalf of its end customers to:
- a) Not to interfere or interrupt the service, servers, networks connected with the service, not to act in contrast with any requirement, procedure or rule of the service;
- b) Do not use the service for illegal purposes or against public order, morality and morals or for illegal purposes, or the use of programs that can cause damage to the internet (viruses, hacking, spam, etc.) ;
- c) Not to use the service to transmit and / or disseminate illegal, pornographic, racist, invasive of privacy and / or otherwise obscene, vulgar, defamatory, abusive material;
- d) Not to transmit material and / or messages that encourage third parties to carry out an illicit and / or criminal conduct liable to civil and criminal liability;
- e) Observe and make end customers observe all the regulations, directives and network procedures connected to the service itself;
- f) Do not create headings or otherwise manipulate distinctive signs or indications in order to counterfeit the origin of a service content or the service itself;
- g) Do not use or disseminate the content of the service that involves the violation of patents, trademarks, secrets, copyrights or other industrial and / or intellectual property rights of PiattaformaPA or third parties. 6.7 The Customer may transfer the information provided by the service to other processors exclusively for business use or in any case within its own company structure.
Art 7. Suspension of the Service
7.1 PiattaformaPA reserves the right to suspend and / or interrupt the provision of the service or to disconnect (temporarily or permanently) the customer’s account and this without acknowledgment of any reimbursement, indemnity and / or compensation, with consequent subsequent cancellation of the account, if it becomes aware or determines, in its opinion, that the customer has violated or is violating the provisions referred to in the previous article, as well as the current legislation including the EU Reg. 2016/679 and Legislative Decree 196/2003 as well as amended by Legislative Decree 101/2018 by notifying the customer by e-mail.
7.2 PiattaformaPA also reserves the right to suspend the provision of the service if it becomes aware or believes, in its opinion, that one of the following circumstances has occurred or is occurring: a) use of the service that causes dangerous situations or instability server farms such as to cause damage to PiattaformaPA or to third parties;
- b) anomalous traffic or traffic such as to prevent the normal provision of the service;
if the public authority or other third parties communicate to PiattaformaPA an illicit or improper use or use that does not comply with the rules of the service by the customer.
- d) suspend the Services in the event of failure, inaccurate and / or delayed payment of the amount envisaged in this commercial proposal.
7.3 In any case, PiattaformaPA reserves any action for recourse and / or compensation or in any case provided for by law on the person responsible for such violations or the right to exercise the express termination clause referred to in art. 17 of these general conditions.
Art 8. Industrial and Intellectual Property
The contents of the s.a.a.s. platform PiattaformaPA are subject to intellectual and industrial property rights belonging to PiattaformaPA and are protected by the laws in force in civil and criminal matters, with particular reference to art. 615 ter and ss. of the Criminal Code.
The Customer will refrain from any use of the contents in competition with the rights of economic use due to PiattaformaPA.
8.3 The Customer is not authorized to modify, translate, adapt, rework or decompile the contents or create derivative applications.
8.4 The software is the exclusive property of PiattaformaPA and the use license granted therein does not constitute the transfer or sale of the original property rights relating to the platform itself, to the individual parts of it and to any contents. 8.5 The customer assumes sole responsibility for the use of the services and recognizes, in the hands of PiattaformaPA, the full and complete exclusive rights of the author and any and all other rights relating to the services of s.a.a.s. licensed.
Art 9. Guarantees on Services, Liability, Exclusives
9.1 PiattaformaPA provides the s.a.a.s platform in the state of fact and law. PiattaformaPA does not guarantee that the functionalities contained meet the customer’s needs, are continuous or error-free. 9.2 The Customer acknowledges that in no event PiattaformaPA will be liable for consequential, special, indirect, accidental damages, including in relation to the suspension of the service due to breakdowns, updates, lack of internet connectivity, general problems on the PiattaformaPA servers, ordinary and extraordinary maintenance activities. . For this purpose, the Customer acknowledges that he does not expect from PiattaformaPA, for any reason, refunds, discounts, and in any case any type of compensation or compensation even in the event of early termination of the contract by the customer.
9.3 PiattaformaPA does not provide any guarantee in relation to the contents that are constantly evolving and modifying, nor to the materials provided, nor to the information contained in the platform itself. In this regard, PiattaformaPA, within the limits of art. 1229 of the Italian Civil Code, does not provide any guarantee and expressly disclaims any liability arising from the use of the platform and the information contained therein, the adequacy and accuracy of them.
9.4 The Customer undertakes to have the platform used by personnel with the appropriate skills for professional use of the same;
9.5 PiattaformaPA does not recognize any warranties or make any representations regarding the use or outcome deriving from the use of the service provided, in relation to their correctness, accuracy, timeliness, reliability or otherwise.
The customer exempts PiattaformaPA from any responsibility for the published data (with “data” means, from now and previously: by way of non-exclusive example, photographs, logos, images, texts, videos, audio files, etc.), are they are also sensitive or not, therefore, while making every effort to ensure that this does not happen, it cannot be held responsible in any case for the use of data, managed by the Customer, which were, without the knowledge of PiattaformaPA itself, covered by copyright.
The Customer uses the services at his own risk: PiattaformaPA is not liable to any party for legal / civil or administrative disputes, indirect, specific, incidental, punitive, cautionary or consequential damages (by way of example but not exclusive: damages in case of impossibility of use or access to services, loss or corruption of data, profits, customers, business interruptions or the like), caused by the use or inability to use the services and based on any hypothesis of liability including violation of contract, negligence, or otherwise. 9.8 Service malfunctions, data loss, accidental disclosure of sensitive data, and any other type of damage occurring as a result of attacks by computer pirates, thieves, crackers, viruses, etc. are not attributable to PA.
9.9 PiattaformaPA is not responsible for the malfunctioning of services due to non-compliance and / or obsolescence of the devices with which the customer or third parties are equipped. 9.10 PiattaformaPA cannot guarantee the customer secure income deriving from the exploitation of the services. 9.11 The customer acknowledges that the services provided are subject to interruption for reasons beyond our control. The Customer also accepts that the responsibility of PiattaformaPA for its own negligence cannot in any case exceed the amount paid by the Customer for the service during the period in which the damage occurred.
Art 10. Costs and Payment Methods
The software license includes four packages:
Basic package called “Tender Manager” at a cost of € 49 / month (excluding VAT) or € 588 / year (excluding VAT) (except for any discounts and / or launch promotions decided by PiattaformaPA) which allows the use of a single user;
Intermediate package called ” Tender Office” at a cost of € 159 / month (VAT excluded) and € 1,908 / year (VAT excluded) (except for any discounts and / or launch promotions decided by PiattaformaPA) which allows the use of up to 5 users at the same time ;
Advanced ” Tender Department” package at a cost of € 269 / month (excluding VAT) or € 3,228 / year (excluding VAT) (except for any discounts and / or launch promotions decided by PiattaformaPA) which allows the use of up to 10 users at the same time;
Special “Big Corporation” package which provides for a particular and single cost calculated on the basis of the Utilities that the Customer requires (higher than 10). This package is stipulated ad hoc with the Customer who requests its activation and the price is not public and will not be published later.
Art 11. Duration
11.1 The parties agree that the contract will have a duration of 1 (one) year which will run from the activation of the service, contextual from the day of payment of the first month or year; 11.2 The parties agree that the contract is renewed monthly or annually with automatic debit as freely chosen by the User during registration. Each renewal takes place tacitly and the termination of the contract is made possible at any time by the Customer who decides not to renew the subscription. If the decision to withdraw from the subscription occurs after the monthly and / or annual charge due, this cannot be requested by the Customer and will still benefit from the subscription for the period paid. Failure to charge will run 7 days before the subscription is suspended and 90 days will elapse before the account is canceled.
Art 12. Obligations of PiattaformaPA
Except for the provisions of articles 7 (suspension of the service) and 15 (force majeure), PiattaformaPA undertakes to keep the service efficient.
The customer acknowledges and acknowledges that PiattaformaPA may interrupt the service in order to maintain, update and modify the same or enable new services by notifying the customer by e-mail.
12.3 PiattaformaPA and the customer mutually acknowledge the circumstance that the aforementioned suspensions or disconnections are made necessary by the type of service provided and that therefore PiattaformaPA cannot be held responsible in any way for the temporary disabling of the service.
Art 13. Transfer of the Contract
13.1 The Parties may not in any way and in any form transfer the Contract to third parties, even partially, unless specifically agreed in writing.
13.2 The customer’s management of end customers does not constitute a transfer to third parties.
Art 14. Withdrawal
14.1 In accordance with the provisions of the laws in force, the Customer has the right to withdraw from the contract without any penalty, since the subscription is paid monthly or annually, the Customer can withdraw from the contract and the consequent payment when he wishes without paying any penalty. As already explained above, if the decision to withdraw from the subscription occurs after the monthly and / or annual charge due, this cannot be requested by the Customer and will still benefit from the subscription for the paid period.
The right of withdrawal is exercised by sending a communication via e-mail / Pec to PiattaformaPA specifying the reasons for the withdrawal itself.
14.3 The customer, following the manifestation of the withdrawal, is also required not to use the authentication credentials to access the services owned by PiattaformaPA, which in any case reserves the right to cancel them from the day of withdrawal.
Art 15 Force Majeure
15.1 PiattaformaPA cannot in any case be held liable towards the customer or third parties for the delay or failure to fulfill its obligations due to unforeseeable circumstances or force majeure such as, by way of example, and not exhaustively, actions by public authorities, floods, fires, thefts, explosions, accidents, strikes, and lockouts, including non-company lockouts, acts of war, embargoes, inability to transport, suspensions or telecommunication problems, lightning strikes, plant failures not attributable to PiattaformaPA, interruptions or overloads of energy flows , breakdowns, or interruptions of the telephone lines attributable to the activity of the operator (or concessionaire) of the same lines, as well as interruptions or suspensions not attributable or in any case independent of the will of the PA or deriving from third parties.
Art 16 Limitation of Warranty
PiattaformaPA cannot in any way be responsible for the non-use of the service or the failure and / or malfunction of the material owned by the customer.
PiattaformaPA does not provide any type of guarantee, expressed or implied, of merchantability, compatibility or suitability for a particular purpose by the user or third parties and also does not guarantee that the service corresponds to the requirements and needs of the Customer.
Art 17 Express termination clause and exclusions of liability
The contract will be terminated by law pursuant to art. 1456 of the Italian Civil Code, if one of the parties declares to make use of this clause by registered letter with return receipt. to be sent at least 7 days in advance, having become aware of the occurrence of one of the non-fulfillment of the following obligations:
- a) violation of the obligations under art. 6;
- b) violation of the obligations referred to in art. 11;
- c) violation of the obligations referred to in art. 15.1;
17.2 Within the limits permitted by art. 1229 of the Italian Civil Code Any liability of PiattaformaPA for breach of the obligations set out in art. 16. In this eventuality, the complying party will have the right to compensation for damages suffered. 17.2 Within the limits permitted by art. 1229 of the Italian Civil Code Any liability of PiattaformaPA for the suspension and / or interruption of access to the s.a.a.s. platform is excluded connected and / or dependent on maintenance and updating operations. 17.3 No responsibility for any reason or nature is assumed by PiattaformaPA for the completeness, accuracy and / or adequacy of the data entered by the Customer. The Customer, therefore, is required to evaluate and verify the contents in their entirety, being the only person responsible for the accuracy of the documents and the results obtained from their use. PiattaformaPA therefore assumes no responsibility for the content and / or correctness and / or completeness of the information provided through the s.a.a.s.
17.4 The decisions and / or evaluations deriving from the consultation of the platform are taken by the Customer and / or by his successors in title in complete autonomy and under his own direct and sole responsibility. 17.5 Under no circumstances can PiattaformaPA be held responsible, even in part, for any difficulty, defect, anomaly, discontinuity, inability to access and / or use the derived Databases and / or in any case connected to the customer’s hardware and software equipment or to the connection via the provider chosen by the customer himself, to the incorrect functioning of the telephone network or of the devices that make up the Internet network.
Art 18 Privacy
18.1 PiattaformaPA has access to customer data that are stored on the database that require specific access rights (login and password). PiattaformaPA cannot be held responsible for the content of the same and for their possible cancellation and / or modification made by the customer. The Customer is fully responsible for the conservation and confidentiality of his account, as well as for all uses of the same.
18.2 Pursuant to and for the purposes of the current GDPR legislation, PiattaformaPA informs the customer that the personal data provided by the Customer to PiattaformaPA itself, are processed exclusively for the purpose of carrying out pre-contractual activities, fulfilling obligations and exercising the rights arising from the contract. Such data – as well as the duly appointed PA collaborators, may be disclosed to third parties whose services PiattaformaPA uses to perform or carry out operations connected or consequent to the relationship in question, to pre-contractual checks.
18.3 Pursuant to current legislation, the data controller is Piattaforma s.r.l., P.I./C.F. 16198871002.
18.4 PiattaformaPA informs that the personal data transmitted by the Customer will be processed (also in electronic format) only by authorized personnel and exclusively to initiate the provision of services. The communications of personal data are absolutely necessary to obtain a license to use and then proceed with the provision of services. At any time, the customer has the right to contact the headquarters of PiattaformaPA to find out their data, check the methods of treatment, obtain that the data are integrated, modified, deleted. 18.5 The service data reside on servers physically located on the Italian territory. PiattaformaPA reserves the right to change the physical location of the data upon communication and acceptance of the new location by the Customer.
Art 19 Jurisdiction
19.1 Any dispute that may arise regarding the interpretation, execution or termination of this contract will be devolved in the first instance for amicable conciliation. In case of no agreement, the competent court will be exclusively that of Rome.
Art 21 General Clause
21.1 The agreement to which these general conditions refer replaces any previous agreement, including verbal, between the parties and constitutes the only agreement existing between PiattaformaPA and the Customer in relation to the matters dealt with therein, and in any case, in the event of a conflict between the agreements contained in the above agreement and agreements contained in any previous agreements or acts, agreements or commitments of any kind, the agreements contained in this agreement prevail.
21.2 Any changes to the obligations contained in the agreement to which these conditions refer, will be valid and binding if it appears in a written deed signed by PiattaformaPA and by the Customer. 21.3 The possible tolerance of behaviors put in place, by one or all the parties, in violation of the provisions contained in these conditions does not constitute a waiver of the rights deriving from the violated provisions nor of the right to demand the exact fulfillment of the obligations and compliance of all the terms and conditions set out in the contract itself.
Place and date
Customer / Legal Representative