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The Contract concluded between the User (hereinafter “Client”) interested in one or more Services (hereinafter “Service” or “Services”) and Mercury Translations (hereinafter “Supplier”) is governed by and interpreted in accordance with Italian Law.
The object of the Contract is the provision to the Client of the Services described on the Supplier’s website with the technical and economic characteristics and in the manner set out in the relevant commercial offer or purchase order.
The sending of the commercial offer and the signature of acceptance of the order form by the Customer, together with the payment of the consideration, imply the Customer’s full acceptance of these Conditions.
If expressly provided for on the Supplier’s website, the sending by the Customer of the order form available on the Supplier’s website constitutes a contractual proposal pursuant to article 1326 of the Italian Civil Code to the Supplier, who is free to accept or reject such proposal. In case of acceptance, the contract is perfected with the activation of the Service.
It is understood, in any case, that the use of the Services by the Customer certifies the acceptance of all contractual conditions.
In case of non-acceptance of the offer and, in any case, in case of non-activation of the Service, the Supplier shall only be obliged to refund the amount paid in advance by the Customer. It is understood that no interest or charges of any kind shall accrue on such amount.
The Customer acknowledges and agrees that it shall only be entitled to a refund of the price paid and that it shall not be entitled to claim any compensation, damages or claims of any kind from the Supplier for the non-activation of the Service. In case of refusal to provide the Service, the Supplier shall not be obliged to provide any justification in this respect.
The deadlines for activation of the Service, if any, shall be considered merely indicative. Where deadlines for the provision of the Services are expressed in days, such deadlines shall be understood to be expressed in working days (Monday to Friday), thus excluding Saturdays, Sundays and public holidays.
The Customer is obliged to perform the services placed at its charge for the activation and execution of the Service; delays due to the Customer’s inertia shall not be attributable to the Supplier. In any case, the Customer will be informed of any significant delay in the activation or execution of the Service.
When purchasing a Service, the Customer is obliged to make the payment in accordance with the general conditions indicated on the Provider’s website or the particular conditions provided in the order form and to provide his/her data so that the Provider can complete the provision of the Service.
For aspects related to privacy, i.e. the processing of personal data of natural persons, the Provider invites you to read the Privacy Policy, published on the Provider’s website.
The Service is provided until the expiration of the Contract.
As this date approaches, the Supplier, as a mere courtesy and therefore without assuming any obligation to the Customer, reserves the right to send notices of upcoming expiration.
The purpose of vulnerability scanning is to discover any security holes that need to be fixed as soon as possible to prevent tampering and compromise of the WordPress site.
During the hardening, a parallel copy (staging environment) of the site will be performed, so as not to interrupt in any way the service provided by the Client’s site, and also to give the Client’s technical staff the opportunity to check that the site is working properly after the Service has been provided by the Provider.
The monitoring service is provided 365 days a year, during office hours (from 9:00 am to 6:00 pm).
For events detected by the automatic notification systems, outside office hours, these events will be taken into account from 9:00 a.m. on the same day or the following day, depending on the time at which such events occur.
Malware removal involves the detection of malware and its removal.
The Supplier does not provide any warranty for the Services rendered. The Supplier’s services are obligations of means and not of result.
The Supplier’s obligations and liabilities towards the Customer are exclusively those defined in the Agreement; therefore, in any case of non-performance or failure to perform attributable to the Supplier, the Supplier shall not be liable for an amount greater than the amount paid by the Customer for the individual Service, ordered or renewed, affected by the harmful event. Any other indemnity or compensation to the Customer for direct or indirect damages of any kind and nature whatsoever is expressly excluded.
Where applicable, it is the Customer’s responsibility to make a complete backup copy of the data and/or information and/or content entered and/or processed through the Service and to take all necessary security measures to safeguard them. The Provider does not offer, in any case, any guarantee in relation to the use of the Service as regards the protection and preservation of the aforementioned data and/or information and/or contents.
The Provider does not assume, in any case, any responsibility for the information, data, contents entered or transmitted and, in any case, processed by the Customer through the Service and, in general, for the use made by the Customer of the aforementioned Service, reserving the right to take any initiative and action to protect its rights and interests, including the communication to the parties involved of the data useful to allow the identification of the Customer.
The Customer acknowledges and accepts that the Supplier shall not be liable in any way whatsoever for any damage suffered by the Customer and/or third parties, directly or indirectly, as a result of the use of the Service.
The Supplier assumes no liability whatsoever, either to the Customer or to third parties, for delays, malfunctions, suspension and/or interruption in the provision of the Service due to causes not attributable to the Supplier, such as, for example
a) fortuitous event, catastrophic event or force majeure;
b) an act of a third party, including the Supplier’s partners;
c) malfunction or non-compliance of the connection devices with which the Customer is equipped or, in any case, of those used by the Customer;
d) manipulations or interventions on the services or equipment carried out by the Customer or by third parties not authorized by the Supplier;
e) breakdowns and malfunctions of machines and software, whether owned by the Supplier or by its partners.
The Customer is entitled to use the Service in accordance with the technical specifications and as indicated in the Agreement, and acknowledges that in any case of default or non-performance attributable to the Supplier, the Supplier shall not be liable for an amount exceeding the amount paid by the Customer for the individual Service, ordered or renewed, affected by the damaging event.
Any other indemnity or compensation to the Customer for direct or indirect damages of any nature or kind is expressly excluded.
The Customer warrants, also under and for the purposes of Article 494 of the Italian Penal Code, that the data, contact details and information provided to the Supplier for the purposes of the conclusion of the Contract are accurate, truthful, up to date and allow the identification of the Customer, and undertakes to notify the Supplier of any changes thereto. The Customer is and shall remain solely and exclusively criminally and civilly liable for having acted or attempted to act in any way that compromises or prevents its identification. The Customer shall be held exclusively liable for all damages suffered and to be suffered by the Supplier and/or third parties and, in any case, undertakes from now on to indemnify and/or hold harmless the same Supplier from any claim, action and/or request for compensation or damages that any person may make against it.
Without prejudice to the provisions on the processing of personal data set forth in the Privacy Policy published on the Site, the Customer guarantees, with reference to the data of third parties that it processes when requesting and/or using the Service, that it has previously provided them with the information referred to in Article 13 of Legislative Decree 196/2003 and that it has obtained their consent to the processing. In any case, it is understood that the Customer acts, with respect to such data, as autonomous Data Controller and assumes all obligations and responsibilities related to the same, holding harmless the Supplier from any dispute, claim or request made by third parties, judicially or extra-judicially, in relation to such processing. In any case, once the Customer has accessed the Service, he/she is the sole owner, in accordance with Legislative Decree no. 196/03, of the processing of personal data entered and/or processed through the Service itself.
The Customer declares to possess all the technical knowledge necessary to ensure the correct use, administration and management of the Service and, in any case, acknowledges and admits that the processing of the data and/or information and/or contents entered by means of the aforementioned Service and their subsequent dissemination on the Internet network through the Service itself are carried out exclusively at his own risk and under his own responsibility.
The Customer hereby undertakes to make all reasonable efforts to promptly acknowledge receipt of any information communicated to it by the Provider in relation to the following circumstances
(a) there are reasonable grounds to believe that the Service is being used by unauthorized third parties; or
(b) the Customer is involved, in any capacity, in civil, criminal or administrative judicial or extrajudicial litigation where such litigation relates to acts and conduct carried out through the Service; or the Customer’s conduct may give rise to a reasonable and well-founded fear that the Customer is in breach of the Agreement or is responsible for one or more violations of the provisions of the Agreement; or
d) the Customer uses defective or unapproved equipment, or equipment with malfunctions that may damage the integrity of the network and/or disrupt the Service and/or create risks to the physical safety of persons and property.
The Customer declares to be in conformity with the licenses of the software that he/she introduces and uses autonomously through the Service and assumes the costs thereof.
The Customer shall equip himself, at his own expense and responsibility, with all equipment (including but not limited to telephone, data transmission, processing and software) suitable and necessary to access and use the chosen Service. The Supplier makes no warranty as to the compatibility of the equipment and programs (hardware and software) and applications used by the Customer with the Service, even if made available by the Supplier, all related checks being the sole responsibility of the Customer.
The Customer consents, in accordance with article 1407 of the Italian Civil Code, that the Supplier may assign the Agreement and/or transfer to third parties, in whole or in part, its rights and/or obligations deriving from the Agreement.
The Customer acknowledges that the Internet network is not controlled by the Provider and that, due to the peculiar structure of the network itself, it is not possible to guarantee its performance and functionality or to control the content of the information transmitted through it. For this reason, no liability can be imputed to the Provider for the transmission or receipt of illegal information of any nature or kind.
In the case of Services provided by third party providers through the Supplier, the Client
a) agrees to make use of the same in accordance with the terms and conditions indicated by such providers and made available on the Provider’s Site and/or on the different website to which the same may refer to
b) Acknowledges and accepts that the Provider shall not be liable for the malfunctioning of the same or for any consequences that their updates may have on the Customer and/or on the Services used by the latter.
The Client assumes, exclusively, all responsibility derived from the ownership, use, management and contents of the domain and undertakes, from this moment on, to hold the Provider harmless against any claims and/or demands from third parties for damages caused to them by or through the use of the Service. The Client shall bear all costs, damages, including attorney’s fees, that may arise from such liability actions and agrees to inform the Provider in the event that any such action is brought against it.
The Contract shall have a duration equal to the period of time indicated in the offer, starting from the date of acceptance of the order form.
Prior to its expiration, the Customer may renew the Contract on the basis of the prices and other contractual conditions in effect at the time of renewal. Preferably, the renewal should be completed by the Customer at least 15 (fifteen) days prior to the expiration of the Service, by submitting the relevant application and paying the amount in effect at the time of renewal. Upon completion of the renewal procedure described above, the Service will be renewed for the contractually agreed period of time as of the expiration day of the renewed Service.
Notwithstanding the foregoing, if the “Automatic Renewal” option is provided or has been activated, upon expiration of the Service, the Service will automatically renew for periods equal to the one initially indicated by the Customer unless the Customer cancels in writing to the Provider at least fifteen (15) days prior to the expiration of the current period.
The Customer acknowledges and accepts, as of this moment, that, in order to ensure the continuity of the provision of the Service, the Customer must pay the price for the renewal of the Service on time and, in any case, before the Service is deactivated due to the expiration of the Agreement, taking into account for this purpose the payment processing times.
On the expiration date set for the chosen Service and, in any case, upon termination of the contractual relationship for any reason whatsoever, the Agreement shall cease to have effect, the Service shall be deactivated and the Parties shall be released from their mutual obligations.
The Customer acknowledges that after the termination of the Contract it will no longer be possible to retrieve the data and/or information and/or contents entered and/or processed by it through the Service and undertakes, from this moment, to obtain without delay a copy of such data and/or information and/or contents before the final termination of the Contract.
In any case, in the event of termination of the Contract, the Customer exempts the Provider from any liability for any total or partial loss or damage to the data and/or information and/or content entered and/or processed by the Customer through the Service. It is the sole responsibility of the Customer to restore the data and/or information and/or content entered and/or processed by the Customer, if still available, after reactivation of the Service, by concluding a new Agreement.
Unless otherwise specifically agreed separately and in writing between the Parties, the payment of the consideration for the Service indicated in the corresponding order form sent by the Supplier must be made by the Customer at the time the order is sent, duly signed for acceptance, and in any case prior to the provision of the Service.
El Cliente no podrá formular objeción alguna si previamente no ha efectuado correctamente los pagos previstos en el Contrato y aportado la documentación pertinente.
En caso de que, por cualquier motivo, el pago de la tasa no sea válido o sea revocado o cancelado por el Cliente, o no se realice, confirme o abone al Proveedor, éste se reserva el derecho a suspender y/o interrumpir con efecto inmediato la activación del Servicio y/o el suministro del mismo si ya estuviera activado.
Durante la suspensión de determinados Servicios, por el motivo que fuere, el Cliente no tendrá acceso a los datos y/o informaciones y/o contenidos introducidos, transmitidos y/o en cualquier caso procesados por el mismo a través del Servicio.
The Supplier is obliged to maintain strict confidentiality with respect to the facts, information, knowledge and documents of which it becomes aware or which are communicated to it by the Client under this contract.
Likewise, the Customer is obliged to maintain strict confidentiality with respect to the facts, information, knowledge and documents of which it has knowledge or which are communicated to it by the Supplier under this contract.
Unless the Customer declares otherwise, the documents provided by the Customer to the Supplier shall be retained, after completion of the assignment, for archival purposes only.
The Supplier is at the Customer’s complete disposal to assist the Customer before and after the purchase of the Service, either by filling in the contact form on the Supplier’s website or by calling the telephone number indicated on the Supplier’s website, from Monday to Friday, from 09:00 to 18:00 hours.
The performance of the contract shall be governed by the Italian Civil Code and by the other legal provisions, including those of the European Community, in force on the date of conclusion of the contract, insofar as they are not expressly regulated by the preceding provisions.
Any aspect of this offer not expressly regulated shall be governed by the laws in force in Italy. For any dispute, the Court of Brescia (Italy) shall have jurisdiction, expressly waiving any other jurisdiction provided by law.
Mercury offre una gamma di servizi di traduzione pensati per le aziende dinamiche che sanno, per esperienza, che la qualità è il fondamento del successo.
Via Aldo Moro, 37
25124 Brescia
Tel: +39 (030) 245 2638
P. IVA IT 03415440175
Via Bordighera, 6,
20142 Milano
Tel: +39 (02) 82 95 71 12