The request by a company or natural person of the services offered by Life Evolution Srls. headquarters in Via Panica 116, Marostica 36063 (VI) VAT number 04277700243, owner of the official website www.webagencyx.com occurs through the acceptance of the following terms and conditions in an essential way for the purpose of providing the services themselves and/or the sale of goods. What is described in the terms and conditions and/or what is described in any stipulated contract and what is in the “working note”, respectively represent the general conditions of the contract and the description of the services offered under license by the Supplier to the Customer.
Estimated costs
The costs will be indicated, depending on the service requested, in the cost estimate sent and accepted by the customer.
Estimated costs for interventions in excess:
- Price per hour of Basic Programmer work: €25.00
- Price per hour of Master Programmer work: €40.00
- Hourly cost increase before holidays: +25% (if an intervention is requested on the day before holidays)
- Holiday hourly cost increase: +50% (if an intervention is requested on a holiday)
- Hourly cost increase for various emergencies +50% (if emergency intervention is requested)
Terms of payment
Payment for web services (such as, by way of non-exhaustive indication, the creation of websites, e-commerce sites, blogs, video editing or editing of photos and images of any type) must be made for 50% upon ordering and the remaining 50% after 30 calendar days by invoice or estimate agreed between the indicated parties.
Services starting and/or expiring on a monthly basis must be paid in advance on the 20th or following day of a holiday. Services with an annual start and/or expiry and any hour packages must be paid in advance in their entirety to allow the company Life Evolution Srls to activate the services and/or not interrupt them. The payment of the invoices must be made “on sight of the invoice” or within 5 working days of receipt of the indicated invoice. Delayed payment beyond 5 days will result in the application of legal/default interests due ex lege.
Types of payment accepted
- Bank transfer
- PayPal
- Other payment systems wallet and cryptocurrency
Excess interventions
During or after the provision of the services, any changes and/or updates of any kind, whether of a graphic, technical or consultancy nature (such as, by way of non-exhaustive indication, replacement, insertion, addition, modification of: photographs, images , films, catalogues, sounds, texts, links, attachments; troubleshooting; etc.), will be charged according to the price list in use by the supplier at the time of the request by the Customer.
Provision of material
All the material must be supplied in digital format in order to avoid wasting time in copying or various re-elaborations. If, for his own reasons, the customer cannot provide the material in digital format, the final rates will be applied.
Duration, conclusion, withdrawal from the contract and termination of the contract
These terms and conditions as well as any contract take effect from the moment of acceptance pursuant to art.1326 of the civil code. Annual tacit renewal is envisaged, unless otherwise communicated by one of the parties. The right of withdrawal belongs to both parties pursuant to art. 1373 of the Civil Code, upon written notice by registered letter with return receipt. at the headquarters of the counterparty to be sent at least 30 days before the expiry of the current year. It should be noted that the withdrawal will not have effect for services already performed or in progress. The termination of the contract may take place only for the hypotheses envisaged pursuant to art. 1453 ss of the civil code and specifically for cases of: termination due to non-fulfilment or due to supervening impossibility.
Copyright and ownership
In compliance with the provisions of Law 633/1941 and subsequent amendments and additions, the supply of the services/products described does not imply for the Customer the ownership of the materials produced by the supplier, but rather the assignment of a service or right of use in accordance with the terms set out in the “License Terms” section of this agreement and/or terms and conditions. What is produced by the supplier is its exclusive property and is protected nationally and internationally by copyright and other intellectual property rights. In the case of use of Open Source web software, the Customer will be the owner and responsible for the databases and/or image files or personal documents present on the site. The customer will also be fully responsible for the contents found within his web space, it will also be his responsibility to maintain any installed web software in efficiency to avoid any form of hacking that jeopardizes the normal functioning of the site, of the server or associated services.
Confidentiality
The Life Evolution Srls headquarters assumes the obligation, towards the Customer, not to disclose to third parties the information (of a commercial, strategic, operational nature, etc.) of which it has become aware as a result of the execution of this agreement. The same also undertakes to keep secret, even in the name of its employees and/or consultants, any information included in documentation, notes, or otherwise received or learned: upon expiry of this agreement, for whatever reason, the company indicated has nothing to commit to the customer if there is a renewal of the service.
The confidential information exchanged under this Agreement is and remains the property of the Party disclosing it.
The Parties also undertake to adopt all necessary and appropriate precautions and security measures, with at least the same level of diligence adopted to protect their personal data, to avoid unauthorized use, disclosure or publication of the Confidential Information , as well as to prevent unauthorized access to Confidential Information, theft and/or manipulation.
License Terms
Through this contract Terms and Conditions the Supplier grants the Customer a non-exclusive right to use the supplied software.
The Client is authorized to:
- use the software/services until the expiry of the established terms;
- allow the use of the software to third parties within the limits of what is permitted by normal Web browsing (without therefore giving access to source files or other without written authorization from the company Life Evolution Srls, and the partner group iBusiness Group (QLD) Pty Ltd – Gold Coast Australia).
The Client is not authorized to
- use the software to provide services to third parties, unless expressly provided for in the contract;
- modify the Software in any part, without limitation;
- access the software sources for any purpose (including copying, reusing, etc.);
- transmit or provide access to the software sources to third parties;
- sublicense, rent, sell, lease, distribute or otherwise transfer the Software or any portion thereof.
EXPRESS TERMINATION CLAUSE and ADMINISTRATIVE DOWN
The contractual agreement is terminated by law, pursuant to art. 1456 of the Civil Code, authorizing the Life Evolution Srls. and iBusiness Group (QLD) Pty Ltd. (Australia) to interrupt the services without notice if the Customer:
- transfers all or part of the products or services to third parties, without the prior written consent of the associated companies;
- fails to pay;
- is subjected to or admitted to insolvency proceedings;
The Life Evolution Srls company also has the right to take legal action if one or more of the previous points cause damage. In the event of a payment delay by the Client of more than 15 days, the Life Evolution Srls is also entitled to order the administrative downtime of the site for serious non-fulfilment attributable exclusively to the client.
Limitation of Liability
The company is not responsible for the content of the information provided by the Client and/or published by the Client on the Internet. The Company is not liable in any way for damages caused directly or indirectly by the services provided or by the use of the same by the Client or third parties. The company’s exemption from liability is effective even after the expiry, or cessation in general of the effects of the contract. The company is not responsible in any case for malfunctioning of the services deriving from problems relating to telephone lines, electricity and global and national networks, such as, by way of example only: breakdowns, overloads, interruptions; or image damage caused by activity/disservice/data loss/server not reachable; lost revenues deriving from any activity/disservice/loss of data/server not reachable. The company is exempt from any liability for any defaults due to unattainability of the server or associated services (e-mail, website, various web services), as well as for loss of data following the Restore of the domain/website from a previously created backup , therefore due to the impossibility of accessing the Internet, the impossibility of transmitting or receiving information caused by or resulting from delays in canceled transmissions or service interruptions.
The company is exempt from any liability for any defaults due to unattainability of the server or associated services (e-mail, website, various web services), as well as for loss of data following the Restore of the domain/website from a previously created backup , therefore due to the impossibility of accessing the Internet, the impossibility of transmitting or receiving information caused by or resulting from delays in canceled transmissions or service interruptions. The company is exempt from any liability for any non-fulfillment due to force majeure or unforeseeable circumstances. The company is not responsible for non-fulfilments by third parties that affect the functioning of the telematic services, including, by way of example, speed slowdowns or the failure of the computers that manage traffic to and from the Client. Furthermore, due to the specific structure of the Internet, in which many entities are involved, no guarantee can be offered regarding the constant usability of the services. As an independent and autonomous company, the Customer undertakes to relieve the company of any liability with respect to any claim or request for damages made by third parties in relation to the activity carried out and any type of advertising in execution of this contract, to this end, the Customer declares that the products/services assigned in advertising correspond to what was declared at the time of signing this contract.
The Client, in entrusting the task to the company, declares that the product/service being advertised is free from defects and that the information contents correspond to the product/service advertised; therefore the company receiving the assignment is not responsible either civilly or criminally for the news it advertises. In fact, the company advertises products/services reported by its Customers on the web, but does not verify what has been declared by the Customer, much less is it authorized to verify the technical characteristics reported by the counterparty.
Affiliate program
On the webagencyx.com website each user can register and access the affiliate section that will allow him to get a percentage of 20% on purchases made by friends and acquaintances. Once affiliated, the user will be able to check the accumulated balance, the bonuses received, which can be used within the website to purchase new products or services or if the affiliate wants to withdraw he can write to the hello@webagencyx.com support email for the withdrawal procedures of the amount generated.