1. Subject of the Contract
1. With this contract (hereinafter, the “Contract”), the Client entrusts the Provider, who accepts, with the realization of the “work, as described in clause 2.
2. The Provider fully assumes the risk of completing the” work, committing to realize it with complete autonomy, with its own organization and means, as well as to guarantee the best technical and qualitative standards, in compliance with the following clauses.
2. Description of the Work
1. The work will consist of developing the products requested by the Client via email to supporto@qreativa.com (hereinafter, the Work
).
3. Method of Execution of the Work
1. The Provider will execute the Work in a workmanlike manner, with the required professionalism, diligence, and expertise.
4. Project Variations and Verifications
1. The Provider may not make changes to the Work without the Client’s written authorization.
5. Compensation and Payment Terms
1. The Client agrees to pay the Provider the amounts established during the purchase phase.
2. Payment will be made upon presentation of appropriate fiscal documentation from the Provider.
3. The Provider has the right to suspend the Service without notice if the Client is in a state of default resulting from non-payment of the aforementioned fees. In this case, the resumption of the Service is subject to the full payment of the overdue fees, plus any interest due.
6. Delivery, Verification, and Acceptance of the “Work
”1. The Provider undertakes to complete the Work and make it available to the Client, with all possible components and accessories
2. The Client may, pursuant to “Art. 1665 of the Civil Code, verify the” completed Work within 7 days from Delivery.
7. Limitation of Liability
1. The Client exempts the Provider from any liability arising from service disruptions, service interruptions, and/or damages resulting from causes not attributable to the Provider, such as fortuitous events, force majeure (accidents, fires, explosions, strikes, lockouts, earthquakes, disasters, floods, riots, etc.) and other events that are difficult or impossible to foresee that prevent, in whole or in part, the “execution of the Contract.
2. Except for cases provided for by mandatory regulations, the Provider’s liability limit cannot exceed the cost agreed upon by the Client for the realization of the” Work.
8. Workplace Health and Safety
1. For the purposes of the provisions of Art. 26, paragraph 5, of Legislative Decree No. 81/2008, the parties declare that the Service will not be carried out in places of which the Client has legal availability. Therefore, the Parties declare that there are no risks from interference arising from the execution of the Contract and there are no costs related to work safety connected to the execution of the Contract.
9. Intellectual Property Rights
1. What is created by the Provider under this Contract is its exclusive property and/or that of its suppliers and is protected in Italy and abroad by copyright and other intellectual property rights. Unless otherwise authorized in writing by the Provider, the Client is expressly prohibited from distributing to the public, or assigning or sub-licensing to third parties, or otherwise allowing the use by third parties, whether for a fee or free of charge, what has been created by the Provider and/or its suppliers under the Contract.
2. The Client maintains full ownership of the data and materials provided by them, assuming all responsibility for their management, with express exemption of the Provider from any responsibility and burden of verification and/or control in this regard. Materials
means, by way of example and not limitation: texts, logos, trademarks, images, audiovisuals, documents, graphics, diagrams, projects.
10. Confidentiality obligations
1. Without prejudice to legal obligations, the Provider undertakes to keep strictly confidential, not to disclose to third parties and not to use, except as strictly necessary for the execution of the Contract, any data or information that has come to its knowledge
in connection with or as a result of the negotiation, signing or execution of this Contract, in any form and on any medium. In particular, the Provider acknowledges that all rights directly or indirectly related to the use of such information belong exclusively to the Client.
2. The confidentiality obligations set forth in this clause shall remain in force for the entire duration of the relationship.
3. The Provider, pursuant to art. 1381 of the Civil Code, will guarantee compliance with the above confidentiality obligations by all subjects who become aware of confidential information in the execution of the Contract (including its employees, collaborators or third parties operating on behalf of the Provider in any capacity).
11. Assignment of the Contract and subcontracting
1. The Provider may not assign, either in whole or in part, the Contract or the obligations arising therefrom to third parties, without the prior written authorization of the Client. The Client expressly authorizes the Provider to use third-party subcontractors for the “execution of the” Work. In any case, the Provider will remain solely and exclusively responsible towards the Client for the correct fulfillment of all activities under the Contract, including those subject to subcontracting.
2. The Client may not assign, either in whole or in part, the Contract or the obligations arising therefrom to third parties.
3. In case of violation, even partial, of the above obligations, the contract will be terminated pursuant to “art. 1456 of the Civil Code. In this case, the termination occurs when the interested party declares to the” other, in writing, to avail itself of this clause.
12. Withdrawal
1. Pursuant to art. 1671 of the Civil Code, the Client may withdraw from the contract, even if the execution of the Work has begun, provided that it indemnifies the Provider for the expenses incurred, the work performed and the loss of profit.
2. The Provider may interrupt the subscription renewal without notice, provided that written communication to supporto@qreativa.com is made within 5 days of the monthly renewal date.
13. Miscellaneous
1. Communications between the Parties must be made in writing via email to supporto@qreativa.com, by hand delivery (with countersignature for receipt), registered mail with return receipt, courier or certified email, to the addresses indicated in the header.
2. Any change to the domicile or addresses indicated above must be immediately communicated to the Parties, according to the methods provided for in this article. Until the Parties have proceeded to notify such changes in the manner described above, communications carried out with these rules and to the addresses and persons indicated above will be considered valid.
3. The Parties explicitly agree that any modification of this Contract can only take place in writing.
14. Exclusive jurisdiction
1. Any dispute related to and/or connected with this Contract, including those concerning its validity, interpretation, execution or termination, will be referred to the exclusive jurisdiction of the Provider’s Court, with express exclusion of any other possibly competing judicial authority.