Subscription exego service
Cancels and replaces previous versions as of May 1, 2023
For the purposes of this Contract, the terms set forth below shall be given the meaning expressed alongside each of them. The following definitions are in addition to those that may be present in other clauses of this Contract.
- Customer: the person who subscribes to the Web Service.
- Provider: the entity Providing the Web Service.
- Web service: a service usable via the Web that the Provider owns and allows the use of.
- Web site: reference site for purchasing the Web Service.
- Users: the individuals who use the Service purchased by the Customer.
- Parties: Client and Supplier, after signing for acceptance of this proposal.
Subject of the Contract
The object of this Contract is the Web Service called "exego" (from now on only Web Service or Service), which allows digital management of processes, enabling the filing, forwarding, sending and consultation, of information and/or documentation in order to simplify the operations of users directly via the web, with the possibility of downloading/printing archived documents. The functionalities of the Service are better described at www.exego.ch (henceforth just Web Site). The Customer is responsible for the choice of the Service and its correspondence to his/her needs.
The Provider reserves the right to apply blocking devices to the Web Service in the event of misuse than permitted.
Misuse of sites and/or applications that are part of the Web Service, including hacking, is prohibited in all cases.
Method of conclusion and terms of effectiveness of the contract
The validity of the Contract is equivalent to the period of use of the Web Service defined by the Customer at the time of signing. Upon expiration, the Web Service expires and nothing is due to the Parties.
The use of web service shall be in accordance with the conditions set forth in this contract. In particular, it allows the Customer to use web service in executable form. The Customer shall not in any way grant or assign the service to a third party (person, company or entity).
Upon expiration of the Web Service (credit term), whether free or subscription-based, the Provider agrees to deactivate at 180 days all data entered within the Web Service, and 200 days after the expiration of this contract, unless renewed supply, the data will be permanently deleted, unless otherwise described in the terms of the specific service.
In case of non-use of the web service, profiling and/or access to the platform, after 360 days the Supplier undertakes to permanently delete the data entered within the web service.
The customer interested in saving the data entered, can independently arrange for the archiving of the same within the above deadline. Upon expiration, the Supplier will massively delete all data entered by the customer within the platform.
The demo period lasts 30 days from the activation of the web service defined by the Customer and is free of charge inclusive of 20 documents. Upon expiration, unless a new supply is purchased, the Supplier agrees to permanently delete the data entered within the web service 40 days after the demo activation.
It is acknowledged that the Client has the right to terminate the assignment at any time, with nothing being due from either Party.
If this Agreement is terminated, the Customer and its Users will no longer be able to use the Web Service, which will be blacked out and made inaccessible by the Provider.
Continuity of Service
Although the Provider endeavors to ensure that access to the Web Service is normally twenty-four hours a day (24h/24), the Parties agree that, due to force majeure and quite exceptionally, the Service may be momentarily unavailable without the Provider itself being responsible for this. Access to this Service may be momentarily suspended even without prior notice. It is recognized that the Supplier has the right to activate the devices for blocking the operation of the Service in the event of non-renewal of the same by the Customer.
The Software, sites and applications that make up the Web Service, and the related supporting material covered by this Agreement, are protected by copyright law as works of authorship, as well as by trade secret, trademark and unfair competition laws. It is understood that all intellectual property rights relating to any new releases of the Service that may be provided to the Customer as a result of maintenance or expansion works that are the subject of further agreements shall belong to the Supplier. The provisions contained in this Agreement shall apply to such releases, if any.
Activities not included in the contract
This Agreement does not entitle the Customer to obtain any modification, development, customization or implementation activities of the Web Service, outside of what is specified in the features of the Service itself described on the referenced Website. This Agreement does not entitle the Customer to receive any subsequent enhancements made available after the signing of the Web Service itself that may be developed by the Provider, containing improvements and modifications of the same.
The fees are listed on the Website under the specific section on pricing, which contains all information on the plans provided.
Delivery of the Web Service will occur after the first payment or trial period subscription, whichever day of the month it occurs.
The delivery period corresponds to the duration chosen by the Customer at the subscription stage for the purchase of the service plans (e.g. 80, 200, 500 managed documents or free for 20 documents corresponding to the demo period).
Upon expiration, and in the absence of renewals of purchase of new plans by the Customer himself, the Service expires, with no obligation on the part of the Customer for future renewals.
Payment must be made directly through the relevant Website by Paypal.
The issuance of invoices by the Supplier will occur after each payment by the Customer.
Warranties and Liabilities
The Provider warrants only that the Web Service is capable of performing the operations contemplated and described in the Web Site. The Customer acknowledges the Web Service as suitable to meet its needs.
The Parties also mutually acknowledge that, at the current state of the art, it is not possible to guarantee the realization of a Web Service totally free from defects and flaws.
The Supplier agrees to use its best efforts to eliminate any defects and faults in the Web Service that may be reported in writing by the Customer during the subscription period, or from the date of commencement of the provision thereof, except in the case of defects and/or errors not attributable to the Supplier's activities.
In no event shall the Supplier be liable for any direct or indirect damages that may be suffered by the Customer or any third party as a result of the use or non-use of the Web Service.
In any case, the Supplier's liability shall be limited to the consideration received under this Contract.
The Customer undertakes, for itself and its personnel, to keep the information relating to the Web Service secret, and to do everything in its power to prevent third parties from coming into possession or using the Web Service itself except for Users recognized by the Customer.
The provisions listed in the "Data Protection" chapter that meet the high standards of work and to the regulations stipulated in the DPA and GDPR apply.
Each Party agrees to treat the personal data provided by the other, which it will come into possession of in the course of the execution of this offer, in accordance with the provisions on the protection of personal data under the law.
To protect the data processed, in compliance with the provisions of current privacy regulations, access to the Web Service will be by identification with confidential credentials only.
The data are stored at third-party partner Servers (Hosttech GmbH, in Richterswil, CHE-114.992.562) based in Switzerland. The Supplier reserves the right to use the data provided by the Customer at the time of subscription to send promotional and/or commercial communications via newsletters, text messages, calls and emails. The Supplier does not provide for the transfer or disclosure of Customer's personal data to third parties for statistical or marketing purposes. In the event that data and information are requested by the judicial authority and only in the cases provided by law, the Supplier undertakes to promptly and exclusively notify the Customer, by registered letter indicated in this contract.
The Client as the Data Controller, having as its object the data, information and business archives relating to personal data, undertakes to give the Supplier, pursuant to the DPA and the GDPR, formal assignment as External Data Processor to the data processing that proves necessary for the proper execution of this offer and to issue the relevant instructions. The Client shall, in any case, indemnify the Supplier against any charges and/or expenses that the latter may incur as a result of any violations that are not directly attributable to non-compliance with the instructions given by the Client.
The Customer represents and warrants that it has taken all necessary and appropriate security measures so that the information system covered by this offer (if not managed by the Supplier) is adequately protected against loss, damage, unauthorized access by third parties, as well as the introduction of viruses. The Client and Users are, for the duration of this contract, responsible for the documents conveyed, uploaded and stored within the platform, as well as responsible for the deletion in accordance with legal regulations of available documents. Users may request correction of their personal data, generation of new credentials exclusively from the Customer who is responsible for them.
Any taxes or charges imposed on this contract, or on the fees set forth herein, shall be borne by each Party in accordance with applicable tax laws.
Applicable law and jurisdiction
To the extent permitted by law, all legal relationships between users and users of the site and CHC Business Solutions AG are subject to Swiss substantive law. The exclusive place of jurisdiction is Lugano, the Italian version shall prevail.
This Contract exhausts the regulation of the rights and obligations of the Customer and the Supplier with respect to the subject matter of the contract.
Any previous and different written and/or oral agreements between the Parties shall be deemed null and void.
Any tolerance by one Party of conduct of the other, in violation of the provisions of this Agreement, shall not constitute a waiver of its rights hereunder.
Any modification of the terms and conditions of this Contract shall be evidenced, under penalty of nullity, by written instrument.
Last modified: May 1, 2023