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Art. 1 - Assumptions and definitions

For Software and Service we mean the management information system in this website https://www.sistemainformativo.com and called Sigma Net.

New Skill Srl is the society that holds all Software rights, it is headquartered in Naples, Via delle Cave 76, Zip Code 80144.

Any person using the Software is called user.

By partner we mean a company or a person to which New Skill Srl gives a non-exclusive, non-transferable right to resell the use of software.

By user of the Partner we mean the user who uses the software through the intermediation of the Partner.

The Partner, exclusively for its users, may agree, by agreement, different terms of use from those described below. Then, in case of disputes involving New Skill Srl , the clauses contained in this Document will take precedence over the contents of the Agreement between the Partner and the User of the Partner.

Any contract between the Partner and the User of the Partner cannot contain clauses in contradiction with the contents of this Document; in particular, rights, obligations and responsibilities will be regulated by this Agreement and its Articles.

The User of the Software and the Partner who sells the use of the Software accept the contents of this document.

Art. 2 - Rights reserved to New Skill Srl and Software Copyright

New Skill Srl is the only owner of the Software and of the structure of the database tables. In case of cancellation of this contract, New Skill Srl will be the only legitimate owner of the Software. New Skill Srl gives the user the only right to use the Software, which is protected by international treaties of Copyright and it is subject to registration on the Public Register of the Software kept by SIAE (Italy), protocol number 0003575 - 28/09/2005. New Skill Srl allows the Partner to resell the use of the Software.

Art. 3 - License to use the Software

New Skill Srl grants you, by the payment of an annual fee, a non-exclusive and non-transferable right to use the Software through a procedure of Login with Username and Password. With the payment of the fee you will only acquire the right to use it within the terms of this Agreement. The license to use the Software may be made through the Partner.

Art. 4 - Cancellation

The user has to notify to New Skill Srl , at least 30 days before the expiry date of the contract by email or other mean, his will to stop using our Service. In case of cancellation the user can continue to use the Software freely for 10 years. In this period he can use the Software but he canít create new companies or duplicate existing companies; he canít do recordings with dates not covered by the annual fee. In case of cancellation, the user can decide when to delete definitively his data from our servers and he can also require freely his master data tables in a readable form, so that records can be imported into other applications. The format of the data will be done at the discretion of New Skill Srl .


Art. 5 - Data in the tables

The data contained in the tables are owned by the user, who processes them directly (customers, suppliers, loads, unloading, movement of First Note, tax documents, etc.). If the user decides to stop using this Service, he can ask for such data to New Skill Srl which within two working days from the request, will send to the e-mail indicated by the user a readable file easily imported into other applications, containing all the records of the master data tables. On request, New Skill Srl can periodically send to the above mentioned e-mail a file SQL containing the last backup made with no additional cost.

Art. 6 - Discretion of data and Privacy

All personal data in the tables managed by the Software will be treated confidentially. They will never be made public nor will they be used for commercial purposes or marketing by New Skill Srl , that in no case will be allowed to resell the information to companies, firms and people. New Skill Srl saves all databases every 24 hours with an incremental backup (see art. 8) to reduce the risk of loss, deletion or destruction of data. To avoid the risk of unauthorized intrusion in the data by strangers, database access is protected by SSL technology with 128-bit key.

Art. 7 - Consent to processing and keeping of personal data

The user is aware that in order to use the software, he has to give his personal data to New Skill Srl , allowing it to process them for purposes strictly necessary to the activation of the Software. In particular, the user gives consent to the processing of his data for the following purposes:
- Software activation
- Technical communications
- Administrative processing (Billing)
The user is aware that by using the software, he will process personal data of customers, suppliers, couriers and agents; since these data are directly processed by the user and not by New Skill Srl , he must comply with the rules on data processing. The user has the right to know, whenever he wants, what his data are and how they are used. He has also the right to update, supplement, correct or delete data, ask for the block and oppose its processing. To require these activities the user should contact the Privacy Manager: Software House New Skill Srl , writing an e-mail to software@newskill.it.

Art. 8 Ė Data Backup

New Skill Srl backs up data every 24 hours. Backup will be done every night with an automatic incremental system thanks to which it is possible to keep the backup copies chronologically ordered; every two months older copies are definitively deleted from our support, following a F.I.F.O (First In First Out) method. New Skill Srl keeps backup copies on magnetic and optical media at its offices, respecting safety standards and fulfilling all obligations regarding the keeping of computer data. The user can see the copies every time he needs and can ask New Skill Srl not to back up his database; in this case, the user must inform New Skill Srl of this request by a registered letter. The user and the Partner canít require the loading of backup copies to replace the current database. Backup copies will be used only in case of total or partial loss of the current data.

Art. 9 - Warranties and updates

New Skill Srl provides the correct functioning of the software and engages itself to eliminate in good time any anomalies. If necessary New Skill Srl will restore quickly the database with data updated to the last saving made. At its discretion, New Skill Srl will update the Software to improve efficiency and add new functions, following the laws in force concerning company management. The feasibility of any additional function requested by the user will be evaluated by New Skill Srl . The servers that host the database are monitored 24 hours a day and data are encrypted using SSL technology. New Skill Srl warrants almost the total availability of the service, leaving some leeway for any problems concerning hardware and/or connection problems. (see art. 11 paragraph 5,6,7,8).

Art. 10 - Responsibilities and obligations of New Skill Srl

New Skill Srl has the responsibility to make regular copies of backup and restore them if necessary. New Skill Srl must keep user data confidential; these data are stored at the offices of New Skill Srl on magnetic and optical media and they will never be made public. New Skill Srl must also ensure the proper functioning of the Software and delete the anomalies found during operation. New Skill Srl gives the user the opportunity, if necessary and without additional charge to the annual fee, of a help desk working from Monday to Friday during office hours. Each user can request the telephone number of a programmer who will provide assistance 24 hours a day.

Art. 11- Disclaimer of New Skill Srl

New Skill Srl is not responsible for damages resulting from:
- Incorrect records in the tables
- Improper or illegal use of the Software
- Loss of Username and Password and subsequent misuse of the Software by third parties
- Default or negligence of the user to follow the instructions for the proper working of the Software
- Electrical outages, surges, electrical or electromagnetic discharge, atmospheric phenomena
- Slow connection to Internet
- Temporary unavailability of the server for problems of connection to Internet
- Any other thing beyond the control of New Skill Srl
New Skill Srl is not responsible if the user, using the software, issues false invoices, records false stock movements or wrong and untrue ledger.
New Skill Srl allows the user only the use of the Software, it does not provide tax and accounting assistance, so it canít be responsible for delays and/or omissions in the presentation of accounting documents (financial statements, books, newspapers, VAT registers, etc.)

Art. 12 - Compensation for damages

The user and partners free New Skill Srl legally from every loss and/or damage that is not due directly to errors in the software. So no compensation for damages can be asked to New Skill Srl for damages or losses suffered when using the software, if this one works correctly. No compensation for damages will be asked to New Skill Srl for all the points mentioned in article 11 of this contract.

Art. 13 - Licenses of third party

The software was developed with open source technology, so the purchase of licenses of software products is not necessary.

Art. 14 - Domiciliary technical services

On-site technical services are not included in the cost of the annual fee.

Art. 15 - Duration, renewal, cancellation and defaults

The contract will begin on the day when the user makes the activation and will last one year. In particular, if the user makes the activation within June 30th, the contract will expire on December 31st of the same year. On the contrary, if the user makes the activation after June 30th the contract will expire on June 30th next year. The cost of the fee wonít change even if the user stops using the software for a time. The contract will be renewed automatically from year to year and will expire definitively with a written cancellation from New Skill Srl or from the user, that has to be sent to the other part at least thirty days before the expiry date through an email, a registered letter or a fax. In case of cancellation from the user or from New Skill Srl , the user may continue to use freely the software for 10 years. In this period he can use all the functions of the software but he canít create new companies or duplicate existing ones; he canít record in a period not covered by the annual fee. In case of cancellation, in addition, the user can decide to delete their data definitively from our servers or require that data are sent in a readable form so that they can be easily imported into other applications. In case the user does not respect the conditions of payment referred in the next art.16 and in absence of regular cancellation as reported in Article 4 of this agreement, New Skill Srl will suspend the user account and communicate it by email. After 10 days, in the absence of any communication from the user, all his account data will be definitively deleted from the servers of New Skill Srl .

Art. 16 - Economic conditions, terms of payment and promotions

New Skill Srl gives the possibility to use the software with annual fee to be paid in advance. Payment must be made within 30 days from the date of the invoice by credit transfer or other method of payment agreed between the parties. If the user activates the software through a partner, he will be required to pay the annual fee directly to the partner with terms, procedures and delays established between the user and his partner. The user who pays the fee directly to New Skill Srl can delay the amount in two six-monthly installments, making request during the activation. In case the user wants to change the conditions of payment after the first year of use from One Solution to two six-monthly installments, he shall have to communicate this by email at least thirty days before the expiry date. Contrarily it will not be possible to satisfy the request. New Skill Srl reserves the right to make temporary promotions, which offer discounts and/or periods of extended covering of fee. The promotions will be reserved only for new users who make the activation when the promotion is still valid and in the way described on pages posted online. During the period of validity of the promotion the conditions of payment, list prices, the expiry of the fee and the kinds of activations are subjected to temporary changes. The promotions are not applied to users of the partner.

Art. 17 - The user of the Software, the Partner and the relationship between the parties

This article regulates the relationship between the parties in case of use of the Software trough the Partner. It is agreed that the user of the partner will not interfere in the partner relationship with New Skill Srl . The Partner will manage the commercial relationship with its users, who will have the possibility to use the Software of New Skill Srl . New Skill Srl will never interfere in trade relations between the partners and their users and will do business only with the Partner. The relationship between New Skill Srl and the user of the Partner will be only limited to technical assistance, if required. The user of the Partner can do business with New Skill Srl only by notifying the Partner. The commercial relationship between New Skill Srl and the Partner will be regulated by an agreement and the clauses will not be in contradiction with this Document. The Partner may conclude an agreement with its users, but in case of controversies that involve in any way New Skill Srl , this Document will have priority on the agreement between the Partner and the user of the Partner, which canít contain clauses in contradiction with this Document; in particular, rights, Obligations and Responsibilities will be regulated by the articles of this Document.

Art. 18 - Jurisdiction and disputes

For any disputes over the interpretation and the execution of his contract the Italian law will be applicable. The jurisdiction will be defined by the rules contained in the Consumer Code.

Art. 19 - Acceptance

New Skill Srl and the user accept the contract and they approve the articles according to current standards.

Last update 25th August 2014
 

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