The Customer takes note that the services offered by Keliweb.com are provided by Keliweb SRL (from now on Keliweb) via Internet respecting the following terms:
The present general conditions concern the regulation of the use of all services provided by Keliweb. The confirmation of the order online and the payment of the compensation represent the full acceptance of the general terms drawn up and edit following the disposition expressed in Legislative decree 206/2005 (Codice del consumo) and in Legislative decree January 31 2007, n. 7. Other performances not included in the offer will be provided only on demand with a previous agreement.
1.2 Hosting Service Features
Keliweb Hosting service can concern the registration, the transfer or the renewal of a domain name or the providing of a web space. The providing includes the execution of all the practices, required by the Italian Registration Authorities or by other foreign authorities, to register a domain name and the necessary connectivity for the website visibility. The Customer takes note and accepts the eventual reduction of the available band by Keliweb in case of congestion, in consideration of the the shared connectivity between many customers. The Customer, by subscribing this agreement, accepts all the features of the products he/she is going to buy.
1.3 About extensions
The Customer takes note and accepts that: the .eu and .it domains can be registered only by a physical or legal person resident or settled in the European Union; for .es domains there's no limitation concerning the applicants asking for registrations and it's possible to process change of property or transfer request of a domain from a Registrar to Keliweb by filling the forms by request. For all the extensions, excluding .it extensions, it's not possible to register stressed domains or domains including special characters.
1.4 Additional Services
1.4.1 The Customer can buy additional services (such as e-mails. statistics, backup service, etc) described on our website www.keliweb.com as he requests to register or transfer or renew. The Customer takes note and accepts that all the additional services are provided with all the features and functionalities expressed on our website www.keliweb.com.
1.4.2 If the Customers buys a Linux hosting solution Keliweb will provide a series of applications ready to be used on the Linux platform.
The Customer will be able to install one or several applications; the list of the applications can change from time to time and all the requirements for their installation will be provided by Keliweb. The Customer will be able to manage all the downloaded applications using his/her own control panel.
The Customer takes note and accepts that:
a) the applications provided by Keliweb may be not compatible with other applications previously downloaded by the Customer and/or could not suit the finalities that he/she wants to pursuit with them; therefore, the Customer relieves Keliweb of all responsibilities for the future concerning this aspect;
b) the responsibility for the choice, the use and the eventual incompatibility of the applications provided by Keliweb falls on the Customer who declares to relieve Keliweb of any responsibility;
c) all the updates of the applications selected by the Customer will be provided by Keliweb via e-mail and the Customer will have to click on the provided link to update and install them in full autonomy, without any support by Keliweb team. The Customer takes note and accepts that Keliweb cannot be claimed responsible of the missing communication of the applications' updates or of the eventual wrong updating processed by the Customer;
d) the applications, independently from their activation date, have the same duration of the domain name;
e) the applications provided by Keliweb need a MySQL database support that the Customer needs to have by the time of installation.
1.4.3If the Customer buys the Backup additional service he/she will be able to manage the Backup service straightly from his/her own control panel. The Customer takes note and accepts that:
the backup service, independently from its activation date, has the same duration and expiry date of the combined hosting plan;
b) the backup service will be renewed only if the combined hosting plan renewal will be purchased by the Customer;
the backup copies will be available for the Customer any time he/she needs, unless any systems' disservices or temporary malfunctioning of machines or/and softwares. In that case, the Customer will be able to ask for an eventual compensation for the disservice.
The Customer takes note and accepts that the use of the backup service reduces the risk of data loss and ease the data management but at the same time does not exclude the possibility of incomplete or missing backups. We suggest the Customer to update periodically and in full autonomy a backup copy of the database.
1.4.4 If the Customer buys the Migration Support option, Keliweb is relieved of any responsibility if the website during the migration process encounters any eventual problem already encountered with the old provider. Keliweb makes a confirm copy of all the FTP files of the old provider, without changing and/or altering any file concerning the website.
1.5 Rules of registration/transfer of a domain name
Keliweb processes the registration of domain names, released by the Authority responsible per the authorization of the service, following the chronological order of all the requests, after the receipt of the correct payment of the service and of all the necessary documentation required by the General Terms of the agreement. Keliweb guarantees obligation of means but not specific-result obligation so the success of the registration request is submitted to the Registration Authorities acceptance. It might happen that a domain name apparently available at a first check can result already taken later, because it's already under examination for the registration but not present in authorities database yet . The Customer accepts to release Keliweb from any liability or compensation. Keliweb is not responsible for any resolution of disputes caused by the assignment of a domain name as well as for any change applied by authorities on the registration procedures or Naming regulation. Keliweb is not responsible for the control of the existence of eventual copyright, brands, etc on the domain name requested by the Customer who accepts to release Keliweb from any liability.
1.6 Customer's Charges
To fulfill the correct domain registration or transfer the Customer needs to follow the procedure described in our Support section on our website and to provide all the required data and documents. In case of a .it domain transfer the Customer has to provide the EPP Code, to transfer the domain correctly. In case of a change of property concerning a .it domain the two Parties (Assignor and Assignee) have to fill in and send a form, that can be requested to our support team via Ticket system. In case of a domain transfer with other extension, the Customer has to reply the validation e-mail sent to the registrant contact of the domain by the Registration Authority. If the Customer cannot access the e-mail address he/she can recover it by purchasing a research using the Whois service of the Registrant Authority for the domain data. If the domain registration or transfer is not successful for other causes not depending on Keliweb ( for example: if the data provided by the Customer are incorrect or different from those shared with Keliweb, if the Customer forgets to accept the transfer by clicking the validation link received by e-mail or if Keliweb can't recognize a payment without a correct casual transfer) Keliweb will retry to purchase the registration or transfer for a second time to defend the Customer's interests. After 12 months from the payment if the data are still incorrect, the procedure will expiry. Unlike, If the registration or transfer procedure is processed correctly the Customer will become the domain name's holder, becoming the one and only responsible for its use and contents. In any case, the Customer has to check his/her own data accuracy in the responsible Authority for his/her specific domain extension database in 15 days from the web space activation date. If the Customer doesn't raise objections on the validity of his/her data, they will be considered automatically correct.
1.7 Service with web space and Backup discipline
If the Customer buys a service including web space he /she takes note and accepts: a) to become the only one able to access his/her website security setting; b) that his/her website is hosted in the Keliweb SRL data processing system; c) that the contents released on the Internet are copies of the original data, his/her exclusive property ; d) that it's his/her exclusive charge to save a backup of his/her own data. Keliweb is released from any liability for total or partial data loss, in case of disservice, malfunctioning, unauthorized access to website or mailboxes or other causes; e) that Keliweb will process a backup, as underlined in the Hosting section of our website, for internal use and that the function will be available and ready to use for the customer from his control panel. The backup will be processed every 48 hours. The Customer will be able to check, update and restore his/her backup at any time excluding disservices or machine or/and software malfunctioning. In this case the Customer will not be able to claim for a compensation for the temporary missing backup service. The Customer takes note and accepts that, even if the Backup service reduces the possibilities of loss of contents and data, the possibility of an incomplete or missing copy of contents and data is possible. The Customer has to process a personal backup of his/her contents and data in full autonomy on other devices outside the web space. In case of migration of the web space form a server to another for any possible reason the backup service might be temporary unavailable, depending on technical issues. In that case, the Customer accepts to release Keliweb from any liability and will not claim any compensation for the disservice. In case of a domain conversion from a Windows Hosting into a Linux Hosting or viceversa we suggest the Customer to process a personal backup of all the data and contents, because from that moment on the previous backup will not be available anymore. In these circumstances, the Customer releases Keliweb form any liability for the partial or total loss of data and contents.
1.8 Keliweb's right to change
Keliweb has the right to modify the terms of services any time with no notice. The agreements submitted before the changes will be managed and respected as previously arranged. The Customer takes note and accepts, excluding the situation that will be shown in the art. 4.1 subsection E, that Keliweb has the power to modify periodically the management codes associated to the domain (login and password) . Keliweb will be provide the Customer the new data via e-mail to the address he/she typed in the order.
1.8.1 Unilateral right to change
Keliweb supervises the trend and the expenditure of resources of the website. If the website seems to be overloaded, Keliweb team will propose new and better performing solutions to the Customers. In case of refusal, Keliweb will suspend the service and cancel the contract with a 7 days notice.
1.9 Limitation of liability
Keliweb is not responsible for services' malfunctioning caused by telephone lines, electric lines or national and international networks and for disservices, such as overload or services interruptions, caused by third parties. Keliweb will be out of liability and it will be impossibile to claim for any form of compensation. Keliweb will not be considered responsible of a breach of contract because of damages caused by external causes. We suggest the Customer to keep additional personal backups of all his/her web space's contents to avoid partial or total loss of data in case of disservices caused by third parties external and independent from Keliweb. The Customer releases Keliweb for any civil or criminal liability for his/her illegal use of Keliweb services.
1.9.1 Force majeure, Natural disasters and Unforeseeable circumstances
Keliweb is not responsible for disservices caused by explosions, earthquakes, volcanic eruptions, landslides, tornados, storms, hurricanes, avalanches, floods, wars, insurrections, strikes or for other unpredictable and unusual causes preventing the regular providing of services.
The contract will end in the service's expiry date arranged in the subscription. Keliweb provides the opportunity to renew the service after the expiry date before the interruption of service.
2.2 Expiry and Renewal
The service will be interrupted on the expiry date arranged in the contract, except for renewal that has to be processed 15 days before the expiry date. In case of monthly payment the service will be interrupted 72 hours after the proforma expiry date. In case of a payment purchased in regular terms, the contract will be automatically renewed, except the situations described in 2.3 and 2.4 articles. In case of PEC, the Customer needs to request the interruption of the service 30 days before the expiry date or the service will be automatically renewed. The Customer needs to set the interruption of the service directly in his/her Customer Area, as described in our website's section FAQ. The interruption of the service can be immediate, erasing all data and setting permanently with no possibility of restore, or it can be processed on the service's expiry date. The Customer takes note and accepts to send notices of the future interruption of service before the expiry date to all domain's mailboxes. Keliweb has the right to put on the website's home page a notice of domain expiration, except in the situation described in the following 2.4 article.
A PEC expiry date corresponds to the last day of the previous month of the original purchase. Next year your PEC renewal will be processed 30 days before the original expiry date.
Keliweb does not charge automatic payments on credit cards or other methods of payment used to renew services. The Customer needs to ask for the renewal ALL THE TIME entering his/her Customer Area and paying the proforma processed by the system to renew the service.
2.3 Termination in case of domain transfer
In case of domain transfer to other provider/registrar the contract will be terminated by the end of the transfer procedure. The web space and all other services connected to the domain name will be deactivated or erased, excluding any compensation provided by Keliweb for the remaining time.
2.4 Retention of the domain name after the expiry date
The Customer takes note and accepts that in case of missing renewal (with the procedures described in art.2.2 ) Keliweb can choose to renew the retention of the domain for one or more years keeping all the registration data unchanged. All the domain services will be deactivated (such as: hosting, e-mail, other additional services) and advertisement banners will be placed in the domain home page. The Customer will be able to get back the domain and its services by following the procedures described on Keliweb website www.keliweb.com. The contract will always be renewed on the same date arranged in the new contract but the first year will be equal to the remaining period of the domain expiry date at the Registration Authority. The Customer takes note and accepts that Keliweb does not guarantee the retention of the web space and he/she releases Keliweb from any direct or indirect liability for the eventual partial or total loss of data, informations and contents present at the time of the domain contract expiry date. The Customer can ask for the domain name cancellation at any time sending a registered mail with return receipt to Keliweb SRL Via Bartolomeo Diaz 35, Rende (Cs), Italy. The Customer has to provide a copy of his/her personal id card and all the documents required to erase the domain name from the extension dedicated Registration Authority.
Keliweb services are provided following the terms and conditions in force on the date of subscription. Keliweb and all its employees and collaborators are not responsible for the suitability of the requested services for specific purposes. Keliweb or anyone cooperating with the creation and providing of the services cannot be claimed responsible for any damage (direct or indirect) or breakdown of the services. Keliweb SRL is only responsible for the sale of services on www.keliweb.it and www.keliweb.com websites. All other responsibilities will be declined.
4.1 Obligations on the use of services
4.2 Obligations on data providing
The Customer read and accepts that the domain name registration involves the registration of his/her personal data in a public record managed by the responsible Authority for the chosen extension. The Customer guarantees that all the personal data provided to Keliweb are correct and updated. Otherwise, if the customer refuses to confirm the veracity of the informations Keliweb will be able to refuse the request of registration, to interrupt the service, cancel all the operations concerning the change of data and terminate the contract retaining the amount of the payments provided by the Customer as a compensation, (except for the compensation in case of a wider damage). The Customer will not be able to claim any compensation for the interruption of the service provided by Keliweb.The Customer has to communicate any eventual change on his/her data in 7 days as described on www.keliweb.com. As Keliweb receives the updates it will be able to ask for additional documents to prove the changes. In case of failure Keliweb will be able to interrupt the service with no previous communication. Keliweb authorizes the Customer to read and download all the available material on www.keliweb.com only for personal use.
The traffic is unlimited. But if the Customer's website traffic damages others, Keliweb will be able to interrupt temporary or end the web space with no previous communication. Keliweb will decide if a customer's traffic may cause troubles on a specific server. If a service is interrupted or ended the Customer will not be able to claim for any compensation concerning the eventual upfront.
It is not allowed to send spam using our Services. Otherwise, Keliweb will be able to interrupt or/and end the service
Keliweb can limit/decrease the usability of the products for security or technical reasons. Keliweb has the right to access the customer's user data. In this case, Keliweb will observe the professional secrecy.
5.1 Express termination clause
The agreement will be automatically terminated, ex art.1456 c.c, allowing Keliweb to interrupt the service with no previous communication and assigning all resources belonging to Keliweb to new customers if the Customer: A) assigns the contract or part of it to third parties, with no previous consent by Keliweb; B) does not purchase the required payment; C) acts as a Keliweb agent; D) is accepted or submitted for a job position; E) does not use Keliweb services correctly as arranged in the agreement; F) violates the clauses 4.1 and 4.2. In this case Keliweb will communicate the termination of the contract via registered mail with return receipt.
5.2 Contract termination by Keliweb
Keliweb is able to terminate the contract at any time with no duty to state the reasons, with a 10 days notice sent via registered mail with return receipt or certified e-mail (PEC) or e-mail in case of a monthly subscription. If the service has not been interrupted after the deadline, considering art. 4.1, Keliweb can disable, obscure or make the website or mailboxes completely useless. We suggest the customer to keep a personal backup copy of all contents in his/her web space: it will be impossible to recover them once the service is unavailable. Keliweb in case of termination of contract will provide the Customer a compensation for the missing days of service. Any other form of compensation is excluded. Keliweb can terminate the contract at any time and without previous communication in case of fraud or presumed fraud. Keliweb can terminate the contract if the Customer refuses to provide his/her personal data to use its services. The contract can be terminated at any time by our tech or sales support. Keliweb will inform the Customer about the motivations via e-mail.
5.3 Contract Termination by the Customer
The Customer, considered as consumer and providing all his/her personal data, according art.3 D.Lgs 2016/2005(cd. Codice del Consumo) can terminate the contract at any time with no penalty by sending a communication to Keliweb SRL Via Bartolomeo Diaz 35- 87036 Rende (Cs) adding a copy of his/her current ID card. The termination will be completed in 30 days. In case of domain transfer Keliweb will provide the Customer all the necessary codes to move to another provider. The Customer read and accepts that Keliweb is not obligated to provide the Customer any compensation for the remaining days of use of the service until the regular expire of the contract. In case of illegitimate termination of the contract by the customer Keliweb can withhold the payments provided by the Customer as compensation of penalty.
The Customer can terminate the contract in the following ways:
The Customer should send his/her request via Ticket system accessing his/her own customer area.
No refund will be provided for electronic invoicing services.
6.1 Keliweb Exoneration of responsibility
Keliweb is released from any liability in case of delays, malfunction or interruption of services caused by: A) force majeure or / and unforeseeable circumstances; B) unauthorized actions damaging the Customer provided by third parties; C) malfunctioning or non-compliant connection devices used by the Customer; D) breakdown and malfunctions of machines and software property of Keliweb or service providers. The Customer won't be able to claim any form of compensation. The customer has to communicate the disservice of the system in 24 hours. Damages caused by delays of communication are Customer's responsibility.
6.2 Keliweb.it responsibility
In case of non-renewal of the domain name registration depending on Keliweb, the Customer will receive a compensation equal to the amount payd by the customer to renew the domain name. The Customer accepts to renounce any other form of compensation.
6.3 Keliweb and Customer Responsibility
Keliweb and the Customer are required to manage confidentially all data concerning the services provided by Keliweb.
6.4 Personal data manager
Keliweb is not responsible for the supervision of the contents managed by the customer using his/her Hosting service. Keliweb is not responsible for any kind of activity conducted by the Customer or his/her collaborators once the access credentials are released. As the Customer receives the access credentials he becomes the only holder of the personal data processing for the whole duration of the contract and the thirty days after, according to Decreto legislativo 196/03 and EU Regulation n. 679/2016.
Personal data manager appointment
A) Process the Customer's personal data just to fulfill the services subscribed in the agreement. If the Customer needs different conditions as compared to those explained in the EU Regulation 269/2016, he/she will have to communicate them in advance and all the requests will be processed and if possibile proposed with a specific offer.
B) Guarantee a duty of confidentiality for all the employees processing the Customer's personal data.
C) Implement all the measures described in EU Regulation n.269/2016.
D) Follow the rules according to par. 2 and 4 of art.32 EU Regulation n.269/2016. Keliweb will be able to appoint a new manager to process the customer's personal data only with a previous authorization provided by the Customer. The manager will have to follow all the obligations subscribed by Keliweb.
E) Support the Customer/Owner of personal data with appropriate technical and management solutions to protects his/her rights and interests.
F) Support the Customer/Owner in respecting all the obligations.
G) Erase or return all the personal data provide by the Customer/Owner after the contract expiry date.
To terminate the contract, the Customer has to pay the correct amount for the purchased service, excluding Vat and other eventual payments. The payment must be provided using bank transfer, credit card or paying-in slip. In case of bank transfer or paying-in slip the customer has to provide the domain name and all the required references of the order. The Customer accepts that the invoice will be provided in electronic format. All the eventual credits in favor of the Customer have to be spend to buy or renew Keliweb services and expire in 12 months after the payment.
The Customer read and accepts the existence of LOG record, filled and preserved by Keliweb following all the terms and conditions set by law. The LOG records all the steps of the Customer's relationship with Keliweb and / or third parties. It's fully confidential and can be provided only at request of the competent Authorities. The Customer accepts that Keliweb has the faculty to keep access Log (cd. LOG FTP), for the whole duration of the contract or for a longer period.
The customer read and accepts that Keliweb does not guarantee that the service will be totally compliant to specific purposes and constantly available, considering the nature of internet services. The Customer releases Keliweb from any liability in case of unreachable website, missing transmission or reception caused by external causes. The Customer read and accepts that the use of services provided in collaboration with other (national or international) infrastructures is limited by the borders and laws of the countries hosting the services and by international law on the subject.
According to the artt. 52, 53 and 64 e ss. D. Lgs. 206/2005 the Customer takes note that:
-the provider of services is Keliweb SRL – Via Bartolomeo Diaz 35 – 87036 Rende (CS) , P.Iva/C.f 03281320782, Tel: 0984 1766080 Fax: 0984 1782739225
- according to art.3 of decreto legislativo n. 206/2005 a consumer is a person operating for external purposes to business or professionals.The consumer can terminate the contract at any time with no penalty by sending a re registered mail with return receipt to Keliweb SRL Via Bartolomeo Diaz 35- 87036 Rende (Cs) adding a copy of his/her current ID card. The termination will be completed in 30 days. In case of domain transfer Keliweb will provide the Customer all the necessary codes to move to another provider. Claims should be sent to Keliweb SRL – Via Bartolomeo Diaz 35 – 87036 Rende.
A) The relations between Keliweb and the Customer cannot be considered as mandate, representation, collaboration or association or similar relationships.
B) The Customer is not allowed to add clauses and/or modify the contract without a previous written authorization by Keliweb.
C) The eventual invalidity, ineffectiveness or nullity of one or more clauses of the the present Terms of Service does not apply to all the others left.
D) Any controversy concerning the interpretation, execution and resolution of the present TOS will be exclusively managed by the Court of Cosenza, unless the Customer has concluded a contract as a Consumer out of any business or professional activity. In this case the controversy will be managed by the court of the city where the Customers has its own residence in Italy.
E) For all the conditions not included in the present TOS the parties refer to current laws.
F) All the communications for the Customer will be provided via e-mail, registered mail with return receipt, postal mail or fax to the address provided by the Customer.