Service Order
for Amenworld.nl Virtual Server Services
This Service Order (“SO”) is an integral and substantial part of the Terms and Conditions of Service (“T&CS”). The T&CS and this SO establish the terms and conditions for the supply of Virtual Server services by Amenworld.nl to the Customer.
The capitalised terms used in this SO have the same meaning as defined in the T&CS. The commercial offer of VPS Cloud and VPS services published online on the Amenworld.nl website (http://www.Amenworld.nl/server/virtual.html) are an integral part of these terms and conditions.
1 – Definitions
Hardware: the machine (or machines) on which the Customer is hosted;
Virtual Machine or Virtual Server: a partition of the whole Server that is dedicated to the Customer, who may manage it exactly as a server in its own right.
Software: virtualisation system, operating system (Linux or Windows) and additional software installed on the machine according to the offer purchased.
Netiquette: set of rules which, while not being imposed by government organisations or any State, govern conduct on the Web because they are shared by a large number of Web users;
Remote operations: operations performed from a separate workstation to the system console. The server is typically accessed via an Internet connection.
2 – Description of the Virtual Server System
The Virtual Server System consists of the supply by Amenworld.nl to the Customer of the following:
– Hosting Service,
– Initial installation of the latest stable and patched version of the Operating System,
– Initial installation of additional software according to the offer,
– Connection of the machine to the Web,
– Internet bandwidth
– Basic system support relating to the operating system only, as specified in the offer.
The Amenworld.nl servers are rented to the customer and they can be found at the Amenworld.nl data center on European territory and they are connected to the telecommunications operators’ network network.
The Virtual Server Service is offered by means of various solutions and with particular features which are updated regularly on the Amenworld.nl website with the respective prices.
Amenworld.nl informs Customers that it is not possible to activate Linux and Windows operating systems simultaneously on the same server.
The choice of operating system (e.g. Linux or Windows) rests exclusively with the Customer, who assumes responsibility for it. At the Customer’s request, by means of the procedure stated on the control panel, Amenworld.nl may restore the basic system on the machine during the period of validity of this SO and the respective costs will be borne by the Customer. Amenworld.nl will reactivate a new basic system, deleting all the data on the machine at the time of the request. In this event, excluding any responsibility on the part of Amenworld.nl in this respect, the customer is advised to make a backup of the data before making such a request.
3 – Conditions of the Virtual Server System
HOUSING: The Housing service consists of hosting the hardware containing the virtual servers within the Amenworld.nl server farm located om European territory.
Amenworld.nl reserves the right in any case to transfer the assets from the aforesaid installation site to another one it believes to be more appropriate, upon prior written notice sent to the hosted Customers if the transfer has an impact on the functionality of the service. The features of the service and the procedures for delivery and use of the service by the Customer will be as stated in the offer.
The Customer may only use the software by remote access. Amenworld.nl will supply the Customer with administrator level access codes, in respect of which Amenworld.nl guarantees the Customer maximum confidentiality. However, the Customer will be required to change the passwords when logging on to the system for the first time and to store them in the strictest confidence and will therefore be responsible for any harm caused to himself and to Amenworld.nl or other customers hosted on the same server from the aforesaid passwords being known to third parties as a result of negligent conduct on the part of the Customer. The Customer will not be allowed to access the server farm. Amenworld.nl reserves the right to suspend the Customer’s Virtual Server Service at any time if the Customer causes harm to Amenworld.nl or other customers.
HARDWARE: The hardware on which the Customer’s virtual server is hosted benefits from the technical support provided by its manufacturers, according to the terms and conditions of the manufacturers themselves. No other support is due by Amenworld.nl. It will not be possible to perform any hardware servicing on the assigned machine. Amenworld.nl may, at its own discretion, replace the Hardware, in which case service interruptions may occur. Amenworld.nl will inform the Customer in advance, with 24 hours? notice, of the time of interruption of the service, for which Amenworld.nl will not in any case be required to make any payment to the Customer. The Hardware is not covered by any insurance for the consequences of any operational failure, including loss of data or virus intrusion. In all cases, therefore, exclusive responsibility for taking out and paying for insurance to cover the software and/or content of the virtual server will rest with the Customer. In the event of a machine fault not attributable to the Customer, Amenworld.nl will be required exclusively to effect a repair and/or replacement within the limits of the warranty supplied to Amenworld.nl by the Hardware production company. If interested in covering the risks arising from malfunction and/or failure of the Hardware, the Customer must take out the appropriate insurance independently and pay all the ensuing costs and charges. The Customer undertakes, under his own responsibility, not to transfer the hire of the Hardware to third parties in any respect and to respect and ensure that third parties respect Amenworld.nl’s rights to the Hardware. Furthermore, it is expressly established that subletting of the Hardware hired by the Customer from Amenworld.nl will be forbidden.
The Customer may at any time purchase a different Virtual Server service through his control panel. Any such request will require a new contract to be activated that will be added to the previous one. The Customer is aware that if the active machine is replaced with another one, according to the available offers, a new machine will be rented to him and he must therefore back up the content before requesting its deactivation. For efficiency improvement reasons, at its own discretion, Amenworld.nl reserves the right to modify the technical features and service hardware, providing Customers with equivalent technical solutions to the ones included in the service purchased by the Customer.
SOFTWARE: The software is supplied by leading manufacturers and is used differently depending on the Customer. In this respect, Amenworld.nl states and the Customer notes that the fee for the service will vary depending on the various forms of use chosen by the Customer. The details of the various options for use of the software are stated in the offer, which also states whether responsibility for installing the software will rest with the Customer.
Finally, it is also specified that the Customer is responsible for any harm caused to himself, to Amenworld.nl or to other customers hosted on the same server by the inappropriate installation of software or unlicensed or malicious software, or by running malicious software or developing or running malicious software. Amenworld.nl reserves the right to suspend the Customer’s Virtual Server service at any time and without notice if the software installed on the latter harms Amenworld.nl or other customers or reduces the level of security or finally is used for illegal actions or for purposes contrary to public morality.
INTERNET BANDWIDTH Amenworld.nl undertakes to supply Internet connectivity. The bandwidth guaranteed will be as stated in the offer. Amenworld.nl will constantly monitor the bandwidth actually used. Amenworld.nl will invoice for the difference if the guaranteed threshold is exceeded. In any case Amenworld.nl reserves the right to limit the bandwidth to that stated in the offer, in which case, if the limit is exceeded, Amenworld.nl will not be held responsible for any malfunctions of the service. The Customer may purchase additional Internet bandwidth by requesting it via the control panel. The terms and conditions of use of the additional bandwidth will be the same as for this SO.
USAGE LIMITS: the Virtual Server Service is subject to a usage limit stated in the offer. If this limit is exceed by the Customer, an assessment of the situation will be required, with a resulting adjustment being made to traffic limits and the corresponding fees. If no such adjustment is made, Amenworld.nl cannot be held responsible for any service malfunctions. If the Customer does not wish to follow the above indications or the above limit is exceeded, Amenworld.nl reserves the right to withdraw from this contract without any financial liability towards the Customer.
TELEPHONE SYSTEM SUPPORT: the Virtual Server Service includes the support defined in the offer. The Customer may purchase additional telephone system support packages according to the terms stated in the offer and via his Control Panel, for the price charged by Amenworld.nl at the time of the purchase. The terms and conditions of use of the additional packages will be the same as for this SO. Any cessation of the main contract, and therefore of the Virtual Server Service, will also lead to a cessation of the additional services purchased, without prejudice to Amenworld.nl’s right to be paid the full fee payable for the additional services.
4 – Duties of the Customer
USAGE RULES: the Customer undertakes to use the Service in accordance with article 8 of the T&CS and this SO and any other applicable law or regulation. Amenworld.nl will not monitor the content of the server managed by the Customer.
For the duration of the OS, the Hardware will be hosted at the Amenworld.nl server farm and the Customer undertakes, under its own responsibility and at its own expense:
– to use it in accordance with local and other laws and provisions governing its operation and use;
– to use it only for legal purposes;
– to comply with any instructions given by Amenworld.nl regarding use of the Hardware and Software to ensure it is used correctly and appropriately.
DATA: the Customer acknowledges that he is solely and exclusively responsible for the activities performed through the Services or related directly or indirectly to him, and in particular that he is responsible for the content and communications entered, published, disseminated and transmitted on or through the Services. Amenworld.nl cannot be held in any way responsible for any criminal, civil and administrative offences committed by the Customer through the Service. The Customer undertakes to indemnify and, in any case, to hold Amenworld.nl harmless against any action, complaint, claim, cost or expense, including reasonable legal expenses, that it may incur owing to a failure by the Customer to respect the obligations assumed and undertakings given in accepting this contract and in any event connected to use of the Services by the Customer. The Customer also undertakes to respect the Netiquette rules available at http://www.nic.it/NA/netiquette.txt.
In particular, the Customer warrants that he will not directly and/or indirectly engage in spamming or sending communications by email that are not authorised, requested and/or solicited by the recipients. Amenworld.nl reminds Customers that this practice is forbidden by Netiquette rules and by Legislative Decree 196/2003 on data protection. If the aforesaid service is purchased on behalf of third parties (end clients) by the Customer (or, for the purposes of this article, Reseller), the Reseller will be jointly and severally responsible with the end customer.
Amenworld.nl reserves the right immediately to suspend the Service if, at its sole discretion, or further to a report made by third parties, it believes the Customer is engaging in activities that breach the obligations stated in this article. In this case, the Customer, following an email or other form of notification from Amenworld.nl, must immediately eliminate the causes of the complaint or provide appropriate documentation demonstrating the full compliance of the activities he performs with current legislation. If no immediate response is forthcoming, Amenworld.nl will be entitled to terminate the contract immediately, subject to Amenworld.nl’s right to receive full payment of the fee and to take action to obtain full compensation for any losses incurred.
COMPLAINTS: the Customer is required to report any service faults by registered letter with advice of receipt within the subsequent 48 hours. Any failure to report such faults in the manner and within the terms stated above will release Amenworld.nl from any responsibility.
EQUIPMENT: Amenworld.nl does not supply the Customer with the ownership to any equipment.
5 – Responsibilities of Amenworld.nl:
Amenworld.nl undertakes to use the best technology it is aware of and the best resources available to it to supply the Services that are the subject of this contract. Amenworld.nl guarantees the proper operation of the network equipment for connection to the Internet.
Amenworld.nl cannot therefore be held liable for any losses and/or anomalies that may occur in the supply of the Services that are not directly attributable to it and/or are beyond its technical control, including malfunctions in the operation of telephone and/or data communication networks or malfunctions due to defects in the means needed to gain access, improper use of the latter and/or the procedures for accessing the Services by the Customer or third parties.
The Service will be available 24 hours a day, seven days a week, subject to any suspensions for maintenance work. Amenworld.nl will not be liable for any interruptions to the service, which it undertakes to restore as quickly as possible.
Amenworld.nl may interrupt the supply of the service at any time if there are justifiable safety and/or confidentiality reasons, where possible providing prior notice to the Customer. Amenworld.nl may also, at its own discretion and for scheduled operations, modify or revise the functionality or features of its Services for technical reasons, while always guaranteeing adequate functionality.
Amenworld.nl will not in any case be held liable in the event of a malfunction of the Service due to events that are beyond the reasonable control of Amenworld.nl, such as, for example: (i) acts of God; (ii) events caused by third parties, including any interruption or malfunction of telecommunication and/or power line operator services or actions or omissions of the relevant Registration Authorities; (iii) malfunction of terminals or other communication systems used by the Customer.
Amenworld.nl will also be exempt from any liability in the event of total or partial destruction, loss, theft, damage or deterioration of the Hardware for any reason not arising from its negligence.
In any case, any liability of Amenworld.nl towards the Customer for losses arising from this contract shall not exceed the total amount actually paid by the Customer to Amenworld.nl in the 6 months preceding the occurrence of the adverse event.
6 – Duration
Depending on the choice made by the Customer during the purchase procedure or subsequently on his control panel, this SO shall remain in force for the time stated in a) with or b) without automatic renewal.
a) In case of expiry with automatic renewal and payment by credit card, the fees stated in the “Fees and Payments” article below will be charged, according to the terms and conditions in force at the time of the renewal, as stated on the control panel, directly by Amenworld.nl to the Customer’s credit card, following notification by email. If it is not possible for Amenworld.nl to apply this charge, the contract cannot be renewed automatically and will be deemed cancelled at the end of the prescribed term. In this situation, the Customer may renew the service according to the following procedure (expiry without automatic renewal) stated in point b). In the event of expiry with automatic renewal and payment by a method other than a credit card, 20 days before the expiry date, Amenworld.nl will renew the contract, following notification by email, and send the Customer an invoice which must be paid within the terms stated therein. The invoice and the respective payment instructions will be sent by surface post to the address held on file at the time of the order. If the Customer fails to make payment within the established time, Amenworld.nl may interrupt delivery of the service at any time, subject to the provisions of article 6 of the T&CS.
b) In case of expiry without automatic renewal, the Customer may ask Amenworld.nl, using the online procedure provided by Amenworld.nl, to renew the service with this SO for additional and successive periods according to the terms stated on the Customer’s control panel and according to the technical and financial conditions existing at the time of renewal of the service and performing the renewal procedure. If the contract is not renewed in the manner and within the terms stated above, the effects of this SO will automatically cease, without the need for any notification by Amenworld.nl
If the effects of the contracts cease and/or the aforesaid Conditions of Service no longer exist, in addition to the deactivation of the functions stated in the offer, all the data and material entered by the Customer on the Amenworld.nl server will be deleted without any responsibility for Amenworld.nl to maintain and/or save them. It will therefore be the Customer’s responsibility to save the data on alternative media before the date of expiry if he no longer wishes to renew the service.
7 – Fees and Payments
The Fees for the Service requested are stated in the Offer.
The provision of the Service is understood to be agreed at the time of payment of the fee for the Service by the means stated in the Offer.
The renewal price will be the list price applied by Amenworld.nl at the time of the request or renewal (in case of automatic renewal) by the Customer and shown on the control panel. Payment of the fees for the Virtual Server Service must be made by credit card or other payment systems made available on the Amenworld.nl website at the time of payment, completing the payment form during the registration procedure.
8.1 Characteristics of the Managed Server Option
8.1.1 This paragraph governs the Managed Server service provided by Amen (known as Managed Server Option). The Managed Server Option is only available for dedicated or virtual servers purchased by Amen and activated for the first time via the Service itself (hereinafter also referred to as “managed mode”).
The special provisions in this paragraph are based, to the extent outlined below, on the regulations envisaged in this SO. Unless otherwise specified, the contractual terms of use for the various types of server purchased remain applicable and valid (dedicated or virtual) as specified in this SO.
8.1.2 On activation of the Managed Server Option, the Client accepts to receive the support of specialised personnel of Amen who will carry out the main tasks related to server system management and configuration of the services of interest to the client. The Client will therefore not be authorised with administrator access to the system. The Client remains free to use the Web Control Panel to enable the configuration of routine server functions and management of the envisaged services and applications. The tasks of server administration performed exclusively by personnel of Amen on explicit request by the Client, on behalf of the latter and in his/her name, are outlined in the Commercial Offer and regard, for example and not limited to: a) the initial configuration of the server, b) installation of the operating system selected by Amen on the basis of needs submitted by the Client, and periodic updates to this system, c) the creation, storage and reset of passwords for access to the Web Control Panel, d) modifications to server settings, e) installation and updates to applications, f) installation and updates to firewalls and security patches according to Client requests, g) maintenance and updates to the system, h) monitoring to ensure correct operation of the server 24/7, i), set-up of FTP logs, HTTP and browsing logs notwithstanding the detailed specifications in art. 8.4, as well as all other routine service management activities as required or requested by the Client, within the functional limits established on the Web Control Panel supplied to the Client by Amen.
8.1.3 On request by the Client, Amen reserves the right to supply additional services with respect to those specified in the Commercial Offer and as stated in this SO, which will be agreed upon and outlined in advance with the Client.
8.1.4 Outside normal working hours (9-5 pm Mondays to Fridays) Amen will only process requests for technical assistance if directly related to the system. This does not include, for example, the installation of products or services, modifications to configurations etc.
8.1.5 The Client acknowledges and accepts that the Managed Server Service does not include management by Amen of relations with third parties supplying services activated independently by the Client on the server (e.g. licenses for applications or software).
8.1.6 The IT resources provided via the Service may be used by the Client in a variety of ways. Amen is not aware of how the Client uses the IT resources provided via the Service. However Amen underlines that certain uses by the Client of these resources, provided via the Service, are subject to specific obligations related to current regulations in force. For example, but not limited to, note that in the case where the Client uses IT resources provided via the Service, to in turn supply “electronic communication services accessible to the public on public communication networks” (e.g. email services), the Client is obliged to fulfil specific requirements related to personal data protection and traffic data storage. For this purpose, it must be noted, as already mentioned, that these obligations refer exclusively to the Client him/herself and therefore must be fulfilled by the latter and not by Amen.
8.2 Obligations and Responsibilities of the Client
8.2.1 The Client undertakes to provide Amen with correct, complete and truthful information and to keep this information updated at all times.
8.2.2 The Client may use the server via the personal Web Control Panel, independently using the related functions therein. The Client undertakes to use the Web Control Panel for independent routine management of the services he/she requires, on entry of the personal access passwords, accepting sole responsibility for any damage that may derive from improper use of the said passwords or unauthorised use by third parties.
8.2.3 The Client undertakes to use the Service in conformity with the provisions of art. 8 of the General Service Conditions and the specifications in this SO, as well as all other applicable regulations and standards, with exclusive responsibility in accordance with the law. Therefore, for the entire application and duration of this SO, the Client is obliged, under his/her sole responsibility and at his/her personal expense, to:
– use the server in compliance with legal provisions, applicable regulations and standards, including local legislation, governing the operation and use of servers;
– use the server exclusively for legitimate and legal purposes;
– observe all and any instructions provided by Amen regarding the appropriate and correct use of the hardware and software installed.
8.2.4 The Client acknowledges and accepts that Amen and technological partners employed for services subject to this contract, may access the data and contents present on the server. This access is limited to operations requested by the Client and strictly necessary to allow the latter correct use of the server.
8.2.5 The Client acknowledges and accepts that he/she is the sole party responsible for the correct and legal use of the data and contents present on the server and for their storage in accordance with legislation, undertaking to adopt suitable technical and legal measures for this purpose. The Client acknowledges and accepts that Amen does not implement any control or supervision of the data, programs, applications and contents present on the server. The Client acknowledges and accepts that he/she is solely responsible for any and all activities performed via the server, as well as any operations performed via the Web Control Panel and/or via the applications downloaded via the latter, notwithstanding the express exclusion of Amen from liability for any damage arising from such activities. Under no circumstances may Amen be held responsible for any conduct in breach of the law or detrimental to the rights of third parties by the Client in the use of the server and/or related to the contents stored therein. The Client undertakes to defend, waiver and release liability of Amen, all companies controlled by or associated with the latter, and any third party suppliers of technology, from and against all legal action, claims for damages, disputes, costs or expenses, including legal fees, potentially submitted to Amen for this purpose.
8.2.6 The Client is informed that Amen does not make backup copies of the system, related configurations or contents present on the Server. Consequently, the Client undertakes to make periodic backups of the server data and contents (texts, images, etc.) under his/her sole responsibility and at his/her personal expense, using the devices provided by Amen or by means of external storage services as selected by the client.
8.2.7 The Client is the sole party responsible for confidentiality of the passwords for access to the Web Control Panel. For this reason, Amen recommends that the Client implements suitable security measures to keep passwords confidential and to prevent abusive access to the system by third parties.
8.2.8 Notwithstanding the specifications of paragraph 8.5.3, the passwords for access to the server as system administrator, held by Amen, shall not be shared. Furthermore, access to the data centre is strictly prohibited under all circumstances.
8.2.9 The client acknowledges and accepts that no changes to the server configuration may be made independently by the Client. In the event that the Client, on his/her own initiative makes changes to the configurations set by Amen, the Client will be exclusively responsible for these changes.
8.2.10 If the Client intends to use the server to perform services governed by specific provisions of standards, or requiring the implementation of special security or protection measures, this must be duly reported to Amen. In the absence of indications to this effect, Amen will apply standard security and protection measures.
8.2.11 The Client is obliged to report any anomalies in the service, by compiling the “Complaints” form accessible from the web site. The complaint should be sent within 48 hours of the occurrence of the fault in question or from when the latter is detected. Failure to send this information within the said time frame will release Amen from all liability related to the service failure.
8.2.12 Re-installation of the operating system is only admitted on explicit request of the Client to the technical personnel of Amen. On re-installation of the new operating system, all data stored on the machine at the time of the request will be lost. In the event of the above request, Amen strongly recommends that the Client makes a complete backup of all the aforesaid data, with the exclusively responsibility of the Client for this operation, before requesting a change of operating system.
8.2.13 The client acknowledges and accepts that the management and update of DNS zones of domains pointed to services and located outside Amen premises will be at the exclusive responsibility of the client, including any fees for updates to the zones of the DNS following changes to the IP address. Amen may not be held liable in any way for any service failures following failure to update the DNS or errors in pointing the latter.
8.3. Obligations and responsibilities of Amen
8.3.1 In providing the Service Amen undertakes to use the best technology available to its knowledge and the best resources at its disposal. Consequently Amen may not be held liable for damage deriving from prejudice and/or anomalies arising during supply not directly attributable to Amen, or which are not within reasonable control of the latter, such as but not limited to: (i) events depending on actions by third parties (e.g. interruptions or malfunctions of services provided by telecommunication operators and/or of electrical lines, or actions or omissions of hardware or software suppliers); (ii) damage due to faults on equipment required for access to the Service (iii) improper use of the equipment and/or procedures for access to the server by the Client or third parties; (iv) events caused by force majeure. In any event, the responsibility of Amen with regard to the Client may never exceed twice the total sum paid by the Client in the 12 months prior to the event causing the aforementioned damage incurred.
8.3.2 Amen shall also be exempt from all and any type of responsibility in the event of destruction, loss, theft, damage or deterioration, even if only partial, of the server and its contents for any reason or cause that is not attributable to serious negligence by Amen.
8.3.3 Amen may at any time and without the obligation to provide notice, put in place routine update or maintenance operations aimed at ensuring adequate security of the server, undertaking to create minimal disruption to the Client. In the event of special maintenance requirements, Amen will provide the Client with advance notice of this event. At its own discretion, Amen may modify or revise, for technical reasons, functionalities or characteristics of the Services, with due notification to the Client.
8.4. Data Controller according to Leg. Decree 196/2003 (Italy)
With reference to establishing this contractual agreement, the Parties acknowledge that they are reciprocally informed in accordance with art. 13 of Leg. Decree 196/2003 (Italy) governing personal data protection (hereinafter: “Data Protection Code” or “Code”) and are obliged to process the relevant data in full compliance with the applicable regulations.
As part of using the Service provided by Amen, in particular, the Client acknowledges his/her role as Controller of all personal data and data of any third party subjects interacting with the Client him/herself and/or with the related web site. Therefore, with regard to the processing of personal data of the aforementioned third parties, and with particular reference to the provision of technical services subject to the supply of the Service purchased by the Client, or to requests by the latter for technical assistance, Amen will act as Controller in accordance with art. 29 of the Data Protection Code, in observance of the instructions as stated in “Appointment of Controller” (Appendix A at the end of this Service Order), to be considered an integral part of this document.
8.5 Duration
8.5.1 The duration of the Managed Server Option is selected by the Client during the procedure for purchasing the associated dedicated or virtual server.
The Managed Server Service may expire a) with or b) without tacit renewal.
a) In the case of expiry with tacit renewal and payment by credit card, the fees as outlined in the article “Fees and Payments” will be charged directly by Amen on the credit card specified by the Client to Amen when signing up for the service with automatic renewal by the Client, according to the terms and conditions applicable at the time of renewal, as indicated in the Control Panel following notification by email. If Amen is unable to charge this payment to the credit card, the contract cannot be renewed automatically and will be considered permanently terminated on the envisaged date of expiry. In this case, the Client may renew the service according to the procedure outlined below. In the case of expiry with tacit renewal and payment with methods other than by credit card, 20 days before the expiry date Amen will arrange for renewal and will send the relative invoice to the Client. This invoice must be paid according to the terms envisaged herein. The invoice and instructions for payment will be sent by ordinary post to the address registered in the archives of Amen at the time of the order or to a different address provided by the client following notification of changes to personal data. If the Client does not proceed with payment according to the envisaged terms, Amen is entitled to suspend the service at any time, notwithstanding the specifications of article 6 of the General Service Conditions, and may engage a credit recovery company and/or a legal consultant of their choice to proceed with recovery of the credit plus interest with the option to charge for legal costs.
b) In the case of expiry without tacit renewal, the Client may request renewal of the Service with this SO from Amen, for additional and subsequent periods within the terms stated on the Client’s Control Panel and according to the technical and pricing terms applicable at the time of Service renewal, following the renewal procedure as outlined by Amen. If not renewed according to the terms and conditions outlined above, on expiry, this SO will no longer be valid and the relative Service will be terminated, without the requirement that Amen sends notification, with no liability of Amen for the maintenance and/or storage of data, contents or configurations applied prior to this date.
8.5.2 The Client may withdraw from the agreement before the agreed expiry date, with advance notice of 15 days, sent in writing to Amen. In this case Amen is not obliged to reimburse any sum for the Service paid for but not used by the Client. In this particular case the Client undertakes to make a backup copy of the entire contents of his/her current machine before requesting deactivation of the current server, thereby releasing Amen from all liability related to this service.
8.5.3 In all cases of terminating or withdrawal to all effects and purposes from this contract, including the cases of expiry and failure to renew the said agreement, Amen will inform the Client of the methods of temporary access to the server to enable the Client to set new credentials for access to the server as system administrator, in order to enable use in “unmanaged” mode. From the time of this notification, Amen is released from any obligation to manage or maintain the server and any other responsibility related to server administration, transferring these obligations exclusively to the Client.
8.6. Fees and Payments
The fees for the Specialist Assistance Service, including costs for set-up, are as indicated in the Commercial Offer sent to the Client. The contract for the supply of the Service is considered concluded and fulfilled on payment of the fee for the selected Service, in accordance with the specifications of the Offer. The cost of renewal shall be as stated by Amen at the time of requesting renewal by the Client, and indicated in the menu of the Control Panel. The sum due for the Service must be paid by credit card or using other methods available on the web site of Amen when making the payment, after compiling the payment form during the registration procedure.
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Appendix A : Appointment of Processor of personal data in accordance with Art 29 of Leg. Decree 196/03 (Italy) (known as “Data Protection Code” or “Code”).
Whereas:
– on the basis of art. 29 of the Code, the personal data Controller may appoint a physical person, a legal entity, a public administration or any other body, association or authority as Data Processor;
– the Processor, if designated, must be appointed from those with the experience, ability and reliability to provide sufficient guarantees to fully comply with current regulations governing data processing, including the security profile;
– the Processor must proceed with processing according to the instructions provided in detail by the Controller in writing;
– it is the intention of the Controller to authorise access both by the Processor and those employed to process the data with exclusive reference to the personal data, the disclosure of which is necessary to complete their assigned work tasks;
– the Client and Amen have stipulated a contract governing the service as envisaged in the Managed Server Service Order, which may involve, as part of the supply by Amen to the Client, of technological services related to the supply of the Service or any requests for technical assistance by the Client, for processing by Amen of personal data of parties concerned other than the Client him/herself.
Now therefore:
1) the Client, as Controller of the data and responsible for the decisions regarding the purposes and methods of processing the personal data of third parties interacting with the Client him/herself or with the web site for use of the Service (herein known as “Third parties”), appoints Amen with registered office in Viale della Giovine Italia 17, Florence 50122 – Italy, as Processor of the personal data of the aforementioned third parties as part of the work assigned within the contractual agreements in progress.
2) In any event, the Controller appoints the Processor with all – and exclusively – operations involved in the processing of third party personal data for the purposes of providing the technological services related to the supply of the Service, necessary to fulfil all contractual obligations and to enable maintenance or technical assistance as part of the standard functions of the Service or on request by the Client.
The Controller undertakes to formally notify the Processor of any variation that may be necessary in the data processing procedures. The Processor or personnel employed by the latter, may not perform any data processing operation outside those listed above and any changes requested in writing by the Controller.
3) The Processor, within the relative scope of competence, is obliged by law and according to the contract, for him/herself and relative employees and any other professional working for the company, to observe the provisions of the Data Protection Code, with special reference to the security measures envisaged in this Code in Appendix B Technical Regulations governing Minimum Security Measures. More specifically, the Processor must comply with the obligations outlined below.
4) The Processor will process data in accordance with the assigned tasks in conformity with the Contract and purposes for which the data are collected. If the need arises to process different personal data as an exception to those normally applicable, the Processor will notify the Controller in advance of this process.
5) The Processor, within the relevant organisation, implements the Minimum Security Measures as envisaged by the Code and the Technical Regulations governing Minimum Security Measures – Appendix B – of the Code, as well as all other relevant standards and regulations. The Processor, also on the basis of knowledge acquired in technical and technological developments, the nature of data, characteristics of processing operations, ensures that the security measures set up and put into place are suitable to minimise the risks outlined below:
– the destruction or loss, intentionally or accidentally, of data;
– unauthorised access to data;
– processing of data inadmissible or non-conforming to the purposes of the handling procedures.
6) The Processor applies the security measures, as outlined above, in order to guarantee:
– the integrity of data, i.e. the certainty that the information provided derives from correct processing procedures and cannot be manipulated;
– the availability of data, i.e. the possibility that the information provided is always present and usable according to operating needs of the Controller, within the agreed time frames;
– the confidentiality of data, i.e. the guarantee that the information provided and archived is accessible only by authorised personnel.
7) The Processor, within the relevant company organisation, appoints the physical persons assigned for processing of the data owned by the Client “employed” for processing in accordance with art. 30 of the Code. At the same time as appointing personnel, the Processor provides adequate instructions in writing to the assigned personnel regarding the methods of processing, in observance of legislation and this document. As an example, but not limited to, the Processor, in assigning the personnel in writing, establishes that these personnel only have access to personal data, the disclosure of which is strictly necessary to fulfil the assigned tasks. Furthermore, the Processor ensures that these personnel apply all provisions regarding safety in relation to the storage of passwords (electronic processing) and that safe locations are ensured for the storage of non-IT media containing deeds or documents with special data in accordance with articles 26 and 27 of the Code or their reproduction, adopting cabinets with locks (processing of sensitive data on hard copy). The assigned personnel are obliged to observe the rules of confidentiality also after termination of employment with the Processor, in relation to the processing procedures performed.
With reference to the requests for technical assistance from the Client regarding the use of personal email accounts, involving access by personnel of Amen to personal data of the Client and/or Third parties in an environment protected by Client credentials, as these are occasional events, Amen shall not act as system administrator, as specified in FAQ no. 1 of the Data Protection Authority in reference to provision of 27 November 2008 and subsequent amendments. In these cases, the Client will be requested authorisation, on a case by case basis, for access to the system, after which the same Client will receive notification of closure of the operation.
If the Processor receives applications from those concerned to exercise their rights as per art .7 of the Code, he/she will provide prompt notification in writing to the Controller, attaching a copy of the request.
8) The Controller also declares that the data, as referred to in the above point 1), transmitted by the latter to the Processor:
– are pertinent to and are not exceeding the purposes for which they have been collected and subsequently processed;
– in any event, any personal and/or sensitive data, subject to the processing procedures assigned to the Processor, are collected and transmitted in observance of all specifications in the Data Protection Code. It is understood that the Controller remains the party responsible for requesting consent of those concerned, when required.
9) The Controller authorises the Processor to report the personal data in order to provide the services to the following subject categories:
– subjects for whom rights to access the data are agreed upon by the relevant legislation or regulations;
– credit institutes for the management of revenue and payments, financial institutes, insurance companies and accounts auditors;
– subjects collaborating with the Processor to provide the Service, who will receive instructions in writing to ensure observance of the same level of protection of the personal data as ensured by Processor to the Controller.
It is understood that it will be the task of the Processor to ensure the Controller with the correct fulfilment by these subjects of the requirements laid down in the Code – Appendix B Technical Regulations governing Minimum Security Measures.
10) The Controller remains responsible for the methods of information processing implemented by means of application procedures developed according to his/her specifications and/or through their own IT or telecommunication devices.
11) This appointment shall have the same duration as the contract. If this contract should fail or prove less effective for any reason, this appointment shall also automatically be deemed invalid without the requirement to provide notice or withdrawal.
In the case of installing a Microsoft operating system, the terms and conditions of additional use to be observed are established by the software manufacturer, and can be downloaded in the section below: