General Terms and Conditions of Use of Web Service Trial
In these General Terms and Conditions, the below concepts are defined as follows:
Device:a security appliance produced by Bentel. A Device is identified by a reference code of the appliance.
Client or Installer: the legal entity qualified and authorized as installer of a Device based in the Italian territory which takes part in the trial of the Service with Bentel.
User:a juridical or physical person which owns a Device or in any case is a user of the same.
General Terms and Conditions: the present Terms and Conditions of use of the trial of the Service.
Bentel: Bentel Security S.r.l. in the person of its legal representative pro tempore, with registered office in Corropoli (Italy), Via del Gabbiano.
Party (Parties):the Client or Bentel severally, and collectively the Client and Bentel.
Service: the cost-free web-based service for the remote management and programming of the Device.
Trial: the trial phase during which the Client is offered with the Service by Bentel under the General Terms and Conditions.
The purpose of the General Terms and Conditions is to determine the terms and conditions of subscription and use of the Service proposed by Bentel to the Client during a trial phase.
The Trial does not prejudice future improvements of the Service and does not, in any case, give the Client the right to receive the Service and the performances thereon after the end of the trial.
The General Terms and Conditions are effective towards the Client from the moment of their acceptance under the following terms and until the end of the Trial or until their termination.
The estimated duration of the Trial will cover a period of 12 months from the start of the service. Bentel may decide to reduce or extend the Trial. In case of extension of the Trial, the Client will be informed by email or via communication on the web site of the new estimated duration.
At the end of the Trial and should the Service be confirmed and become commercialized also to be offered to the Users, Bentel will inform the Client, as promptly as possible, of the procedure to follow in order to apply to and benefit from the Service after its Trial.
4 PURPOSE OF THE TRIAL
The Trial’s purpose is to allow Bentel to collect technical information relating to the supply and performance of the Service, to verify possible critical elements for the Client while using the Service, and to collect advices, suggestions and comments in general from the Client relating to the ergonomics and functionalities of the offered program, of the website used for the configuration and programming of the Devices and in general on the quality and value of the Service.
5 SUBSCRIPTION OF THE SERVICE
In order to use the Service, the Client shall subscribe the Service by means of registration to the website www.bentelreachme.com, fill in the required blanks in the registration form and accept on-line the General Terms and Conditions by checking the correspondent boxes. The Client undertakes to give correct information. In case of incorrect information, Bentel may withdraw from the Service in any moment and without notice under the following Section 10.
Bentel will confirm to the Client its subscription of the Service by mail at the email address communicated during the registration. The Client shall validate the email address following the relevant instructions in order to complete the subscription.
In any case, the access or use of the Service implies acceptance of the last version of the General Terms and Conditions.
The Service shall become effectively operative provided that the Client has validated the confirmation email sent by Bentel and complies with the technical supplying conditions of the Service, as described in Section 6 of the General Terms and Conditions.
The activation of the Service will immediately follow the validation of the email message by the Client.
The Client and the Users are the sole responsible for:
- Choosing and keeping the password communicated during the registration.
- The confidentiality and safety of the connection to the Device.
- All of the operations made by means of the Service. For this purpose, they shall immediately give notice to Bentel of any non-authorized use or any other violation relating to the safety of the Service. Bentel shall not be liable for possible damages or losses deriving from a non-authorized use of the Service, safe the case of negligence by Bentel.
6 DESCRIPTION OF THE SERVICE
The Service allows the Client to the service allows the Client to remote manage and program the device via Internet. These services can be accessed by the Installer through its own PC via the www.bentelreachme.com web site.
The Service can be used any time, 24 hours per day, and 7 days per week but does not allow simultaneous access.
6.1 Technical Conditions for the Supply of the Service
6.1.1 Internet Access
In order to avail of the Service, the Client shall have a broadband Internet access with a telecom operator of its own choice. The Internet access is not part of the Service.
The Internet access shall provide for the whole duration of the Service for a broadband connection supporting the data traffic generated by the Service so that the correct functioning of the Service is preserved.
The Service does not allow simultaneous access.
The configuration of the proxy server of the Client and/or its firewall can prevent or limit the correct functioning of the Service. The Client acknowledges such possible Service limitation and relieves Bentel from any liability in connection thereto.
6.1.2 Minimal PC Configuration
In order to benefit from the Service, the Client needs a PC available with the following minimal requirements:
- PC minimal requirements and configuration: PC must be able to support Internet Explorer 7, Internet Explorer 8 and/or Firefox 3.6. The application will run as a web site on the client computer, and if the pc is running any of the specified browsers, it will have no issues to run the pages that it is serving.
- Browsers supported: Internet Explorer 7 and above and/or Firefox 3.6 and above.
The Client is and remains the sole responsible for the installation, use and maintenance of its materials. The minimal configuration may be subject to development as per section 6.2 below.
To access the Service, the most recent version of the [operating system/browser] is recommended.
Before subscribing the Service, the Client shall verify the compatibility of its application software and its systems, materials and machines with the Service.
6.2 Modification of Technical Specifications of the Service by Bentel
Bentel reserves the right to modify the technical conditions for the supply of the Service at any time, upon information to the Client on a 5 days notice. The Client will be informed of any such modification through the website [.] or on any different IP address that Bentel may decide. Modification will be applicable to the Service in due course.
6.3 Client Service
In order to reply to the Client’s questions in connection with the Service, Bentel provides a free client service including the following:
6.3.1 FAQ and Guide
The FAQ provide the answers and the solutions to the questions most frequently asked in connection with the use and the conditions of the Service.
The guide can be freely downloaded from the website [.] and shows in an easy and friendly manner the main phases of the configuration and use of the Service.
6.3.2 Alerting and Intervention in the Event of Malfunctioning
Bentel will take appropriate measures for the positive outcome of the Trial, but it shall in no case be considered responsible for any trouble encountered along the Trial, for any malfunctioning as well as for the effects for the Client of any such malfunctioning. In any case of a malfunctioning of the Service, and considering the probationary nature of the Service, Bentel will take reasonable measures to correct the encountered problems and to restore the Service at soonest. However, Bentel does not undertake any warranty obligation respect to the restoration timing and the maximum interruption period of the Service
7 OBLIGATIONS OF THE CLIENT
The Client undertakes to use the Service (a) in compliance with the present Terms and Conditions and/or any specific instructions which could be communicated from time to time by Bentel to the Client; (b) in a proper manner and in compliance with the applicable rules and regulations in force in the place in which the Service is supplied; (c) for the sole purposes of the Trial as specified in previous Section 4: in particular the Client acknowledges that the Trial excludes any right to advertise, transfer, license or distribute in any way the Service, even without compensation, directly or indirectly to a User is excluded.
The Client acknowledges and accepts that the subscription of the Service under Section 5 or in any case the use of the Service imply total and unconditioned acceptance of the present Terms and Condition and particularly that:
- Bentel cannot, and does not, assure the reliability of the technologies used in the framework of the Service, and of the communications made by means of the GSM communicator;
- The Service will be suspended in case of suspension of the broadband internet connection.
The Client shall collaborate and provide Bentel with all the information relating to its organization, possible restrictions that could impact on the providing of the Service, on the technical and informatic system, and any information that could allow, facilitate or improve the supply of the Service during the Trial.
During the Trial, the Client shall:
- Complete possible on-line questionnaires on the website, being it understood that Bentel could invite the Client not more that once per month by email at the address previously communicated by the Client during the registration and subscription of the Service.
- Notify by email possible dysfunction, errors, malfunctioning or problems it should find when using the Service.
The Client is the sole responsible for the compliance with the present Terms and Conditions and, in case of improper and/or abusive use of the Service, Bentel shall have the right to exclude the Client from the Trial.
8 CLIENTS RESPONSIBILITIES
The Client is the sole responsible for the use of the Service, and in particular for:
· The use of its own login codes, as well as of any communication of any information it may have made available;
· The use of the Service, its Internet broadband access; the Client acknowledges that it knows the nature of the Internet, its technical specifics, and shall take all necessary and appropriate measures to protect its own data and/or software from any virus which may be present in Internet;
· The management and/or use of the data and information which the Client may have communicated via Internet.
The Client is and remains the sole responsible for the programming of the Devices and for the correctness, completeness and appropriate insertion and configuring of the programming parameters. The Service shall not be considered as the most effective and appropriate means of programming. It shall only be used for the modification of certain parameters and does not supersede or replace the on-site programming activities. Any misused of the Service and/or of the device will entitle Bentel to cease offering the Service and will entitle Bentel to ask Client for all damages incurred
9 BENTEL RESPONSIBILITIES
Bentel excludes any warranty in connection with the Service. The Parties expressly agree that, during the Trial, Bentel, to the maximum extent permitted by the applicable law, can not be considered liable for whatever reason and, more in detail, in the event of unavailability of the Service or for any damage or loss which could derive to the Client and/or its customers from the use of the Service (except for fraud or gross negligence by Bentel). In any case, Bentel is not responsible for the content of the data and information transmitted through the Service.
Bentel can carry out any time intervention which may temporarily limit the Service: in such event, Bentel will make reasonable efforts to reduce any inconvenience that may derive to the Client thereupon. In the event that such intervention can affect the Service to the Client, Bentel will make reasonable efforts to inform the Client of the date, time and prospected duration of the Service’s interruption.
Bentel reserves the right, without need of supplemental formalities, to discontinue the Trial of the Service or to suspend the, or withdraw from the supply of the Service. Bentel will inform the Client of the discontinuance of the Service by email or by posting a specific warning on the website [.], at least 5 days before the programmed interruption of the Service.
The Client acknowledges that at the end of the Trial, for whatever reason this occurs, Bentel may disable the Client’s subscription and discontinue the Service: the Client expressly waives from now any right on the Service which it may have accrued along the Trial.
Within the Trial, any information that one Party may receive from the other shall be kept confidential, unless such information is expressly qualified as non-confidential from the Party from which the information is generated.
For the purposes of these General Terms and Conditions, the following shall not be considered as confidential information: (i) information which have become in the public domain at the time of their communication, except that such publicity is the result of an infringement of the Party receiving the information of its confidentiality obligation; (ii) information of which the receiving Party can in good faith prove its legitimate knowledge beforehand.
The Parties undertake not to use the received confidential information when not necessary for the Trial, and not to communicate such information to any third party, with the sole exception of their employees and in such event exclusively for the needs of the Trial.
At the end of the Trial, for whatever reason this occurs, any Party which has received any confidential information undertakes to destroy any copy it may have thereof.
Personal data and any other information relating to the Client collected along the trial shall be:
a) processed lawfully and fairly;
b) collected accurately and recorded for specific, explicit and legitimate purposes and, when necessary, kept up to date;
complete and not excessive in relation to the purposes for which they are
collected; kept for no longer than is necessary for the purposes for which the
data were collected or subsequently processed.
To these purposes, Bentel Security S.r.l. in the person of its legal representative pro tempore, with registered office in Corropoli (Italy), Via del Gabbiano as Data Controller informs that:
1. The Client can issue any request aimed at exercising its rights under Art. 7 of Legislative Decree n.196 of 30th June 2003, as better determined under following point 4, directly to Bentel Security S.r.l.
2. Processing of such data will be made for the purposes of performing the trial as well as for possible marketing reasons.
3. Processing of such data will be made by personnel engaged in the performance of the Service, the maintenance of the registration and the exchange of information relating to the Service.
4. The Client has the right to:
· obtain confirmation as to whether or not its personal data are processed and communication of such data in intelligible form;
· be informed of:
a) the source of its personal data;
b) the purposes and methods of the processing;
c) the data controller’s identity;
e) the entities or categories of entities to whom or which the personal data may be communicated.
· obtain the following information:
a) updating, rectification or integration of its data;
b) erasure, anonymization or blocking of its data if processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed;
c) acknowledgment that the operations as per letters a) and b) have been notified to the entities to whom or which the data were communicated or disseminated, unless this requirement is impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.
· challenge, in whole or in part,
a) on legitimate grounds, to the processing of its personal data, even though they are relevant to the purpose of the collection;
b) to the processing of its personal data, where it is made for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys;
· Freely modify through a dedicated space the generality of its subscription personal data.
5. The above data will be collected, processed and updated on digital support or on paper pursuant to the safety measures set forth by the applicable law.
6. Client’s data can be communicated by Bentel to possible subcontractors, counsels and third parties engaged in the management and maintenance of informative systems, software, database as well as in the performance of marketing services. [Client’s data can also be communicated by Bentel to entities located outside the Italian territory.]
7. The name of the Client can be inserted in telephone, fax and emailing lists owned by Bentel and the Client can receive periodical communication in digital or paper format.
8. Should the supply of the Service be discontinued by Bentel for any reason, Bentel can retain data exclusively for the following purposes:
· Replying to requests by bodies or authorities for verification of law compliance;
· Statistics reasons;
· Exercise of rights in judicial proceedings.
9. The lack of communication by the Client of its personal data, or its opposition to the relevant processing shall cause the impossibility for Bentel to supply the Service.
With reference to the processing of the User data made through the website [.], the Client warrants its compliance to the applicable law on data protection and to have adequately informed the User in accordance with section 13 of Legislative Decree 196/2003, and to have obtained from the same User the relevant consent to such processing as well as to the transfer to Bentel of such data via web and for the purposes of the Service.
By subscribing the Service, the Client consents to the processing of its data for the purposes of the trial and specifically for marketing purposes.
13 APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions are governed by Italian law. Any dispute arising in connection with the validity, application and interpretation of these General Terms and Conditions shall fall within the exclusive jurisdiction of the Court of Milan.
February 2010 Version