General Terms and Conditions of Contract
1. SUBJECT and DURATION
With this contract, the Principal appoints SERVIZISICURI.COM S.R.L. to carry out investigative activities with respect to the Data Subject and for the purposes indicated above, undertaking to pay the fees set forth in articles 10 and 11 below. This mandate has the duration indicated above and for the period strictly necessary for its performance, unless extended in writing and agreed upon by the parties for acceptance.
2. REVOCATION OF MANDATE
This appointment may only be revoked by the parties by registered letter with acknowledgement of receipt to be sent and/or delivered by hand, within five days of its conclusion..
The Principal undertakes to maintain the strictest confidentiality on the information reports and direct or telephone conversations with SERVIZISICURI.COM S.R.L. The information contained in the information reports is to be considered strictly confidential and reserved and therefore intended exclusively for the Client, who assumes full responsibility and care to ensure that it is not, even indirectly, disclosed, communicated or made accessible to third parties outside its business or organisation, with the obligation to hold harmless and release SERVIZISICURI.COM S.R.L. from any claim for compensation that third parties may make against same..
4. DISCLOSURE TO DATA SUBJECTS AND CONSENT
Where laid down by law, the Principal declares it has complied with the disclosure obligations to the data subjects (article 13 Legislative Decree 196/2003) and, where required, the obligation to obtain their consent (articles 23 - 24 - 26 - 43 of Legislative Decree 196/2003).
The principal is aware that the obligation undertaken by SERVIZISICURI.COM S.R.L. is an obligation as to the means and not a result-based obligation. Therefore, any compensation for damages, including extra-contractual, arising from errors, omissions, operational and/or contractual non-compliance or delays on the part of SERVIZISICURI.COM S.R.L. is only admitted exclusively up to the maximum limit of the consideration for the service already paid by the principal to SERVIZISICURI.COM S.R.L.
6. DATA RETENTION
The personal data processed by SERVIZISICURI.COM S.R.L. will be kept for a period no longer than strictly necessary to carry out the assignments received. To this end, the strict relevance, non-excessiveness and indispensability of the data in relation to the purposes pursued and the assignment conferred will be constantly verified, including by means of periodic checks.
7. COLLABORATORS AND CORRESPONDENTS
The principal authorises SERVIZISICURI.COM S.R.L. to make use, at its own sole discretion, of collaborators and/or corresponding institutions in Italy and abroad, consultants and/or third parties generally to carry out the investigation mandate pursuant to article 134 T.U.L.P.S. [Consolidated Text of Laws on Public Security]. The provisions on the processing of sensitive data as set forth in the Italian Data Protection Authority's authorisations remain unaffected
The principal shall be held civilly and criminally liable for any damage caused to SERVIZISICURI.COM S.R.L. as a result of the communication, disclosure and/or dissemination of the data received by SERVIZISICURI.COM S.R.L. made directly by it or through it, for purposes other than those envisaged by this appointment.
The principal declares that it has carefully examined the rate tables applied by SERVIZISICURI.COM S.R.L., displayed to the public on its premises and approved by the competent Prefecture, and also declares that it approves and accepts them, undertaking to pay SERVIZISICURI.COM S.R.L. the rates corresponding to the services requested.
10. AMOUNT OF CONSIDERATION AND ACKNOWLEDGEMENT OF DEBT
The amount the principal undertakes to pay SERVIZISICURI.COM S.R.L., plus applicable tax (VAT), will be the amount corresponding to the rates indicated in the preceding point and on the title page. The Principle, as of now, waives any exception or objection to such payment and undertakes to pay the Principal the amount indicated in this deed of acknowledgement of debt, attributing to it the value of a promise of payment and acknowledgement of debt pursuant to and for the effects of the combined provisions of Article 1987 of the Civil Code and Articles 633 et seq. of the Code of Civil Procedure (written proof for the issue of an injunction).
The payment of the agreed and above mentioned consideration shall be made according to the agreed and above mentioned agreements.
12. PENALTY FOR LATE OR NON-PAYMENT
If the principal fails to pay the amount due by the due date, it will have to pay SERVIZISICURI.COM S.R.L. statutory default interest.
This deed shall be registered only if necessary and the registration costs shall be borne by the principal
14. APPLICABLE LAW AND JURISDICTION
This contract is governed by Italian law. Any disputes that may arise with reference to the interpretation or execution of the contract, shall be subject to the jurisdiction of the Court in the place of residence or domicile of the consumer, as defined in Article 33 of the Consumer Code. If the Principal is a party other than the consumer, then the Court of Milan shall have exclusive jurisdiction..