1. CONTRACTUAL CONDITIONS
These contractual conditions are published on www.lexun.it website and they have as object the site and the Internet services provided by Logos Engineering Ltd.® These contractual conditions represent contractual agreement between Logos Engineering Ltd., registered office Via Isolato Egadi, 12/B – c.a.p. 91025 - Marsala (TP) ITALY, P. IVA 02006910810, e-mail info@logosengineering.com, tel. +39 0923 952636, fax +39 0923 761854, and the “Customer”, who by accepting these conditions, expressly declare to know and to accepts the services. Logos Engineering Ltd. is a company with Certified Quality System ISO 9001 for design and development of Internet portals, Logos Engineering Ltd. offers guarantees of quality and professionalism in the sector in which it operates.
2. PRICES
The price of the site and the price of the Internet services are published on the official website www.lexun.it, they are quoted on the order form and on the Order Confirmation sent to Customer. The price of the optional services is published on the official website www.lexun.it and it is quoted on the order form and on the Order Confirmation sent to Customer
3. WEBSITE
Administrable website via Control Panel. A software platform realized by Logos Engineering s.r.l., that consist of a dynamic and administrable website with a multilingual interface (the Customer can choose at the time of purchase between the languages enclosed). Some services included in Lexun can be derived from open source software in respect of rights and licenses. Lexun since the creation of the demo has to be handled exclusively by Customer, via Control Panel, in respect of public morals, laws on privacy, copyright, patents and intellectual works. Since the creation of the demo any civil or criminal liability on inclusion of content fall on Customer.
unlimited menus and pages. The Customer can create unlimited menus and so unlimited pages. The single file uploaded in each page can not exceed 20 Mb. Lexun was designed to be easily administered by the Customer who has no special skills but it is important to follow the guide. When Customer needs to create many menus we suggest always to design also on a paper menus and submenus architecture before create them in order to guarantee a clear and well-organized structure.
editor. Lexun has an editor which allows to enter texts, tables, images, flash, hyperlinks and external links to other sites and to attach files on created pages, moreover it is equipped with html interface and it allows users with computer skills a professional use of it.
administrable graphic templates. The graphic template (the graphical model of the site) is standard, it is not exclusive and can be used by Logos Engineering Ltd. for several sites simultaneously. The Customer can choose among hundreds of graphic templates, all designed with maximum care and skill in respect of simplicity and usability. The template can not be changed with another one after the demo purchase. After selecting a template it is possible to transform it how desired: changing flash with an other default flash, uploading a flash from your own pc or making a flash with single uploaded images (in this case the single image uploaded can not exceed 200 Kbyte), changing the background (it is possible to choose from a wide range of default backgrounds), changing the color of the top, changing the title. There are thousands possible combinations, so starting from any template the user can obtains an high level of customization.
panel indexing
It is possible to handle the indexing of your site through a special Lexun panel that allows to insert the words (metanames or keywords) which it is desired to be found by search engine.
activable and deactivable functions
Some Lexun functions, although all of great importance, can be individually enabled or disabled by the User as appropriate to individual needs.
Document Management System (Reserved Area). The Reserved Area module allows to share documents (maximum upload up to 20 MB per document) with customers, colleagues, employees, etc. Each document inserted can be viewed only by the authorized user, by assigning specific permissions.
News. It allows to insert and to manage unlimited news, showing the old in a news archive.
E-book. It allows to create unlimited e-book and to organize them by categories. The e-book is an innovative electronic book or electronic brochure, with a virtual effect of "browse page”. The upload of each image can not exceed 20 Mb.
Photogallery. It allows to enter unlimited images for viewing on the site. The upload of each image can not exceed 10 Mb.
Booking on line (of various kinds). The service allows you to book beds, restaurant reservations, specialist or professional appointments.
4. INTERNET SERVICES
Lexun services are available 24 hours a day, seven days a week, with the exception of possible suspensions for maintenance.
Internet Domain Register. The Customer can choose the Internet Domain in conformity with the standards of the Responsible Authority for managing the TLD. The Internet Domain will be registered only after the payment of Lexun services. The Customer must choose another Internet Domain if during the time between the choice and the payment (registration) the Internet Domain originally specified is registered by others. The Customer maintains the ownership of the registered domain and he is fully responsible in order the use of it, relieving expressly Logos Engineering Ltd. from any liability.
A successful registration is subject to its acceptance by the competent Registration Authorities; domain names available to a first supervision may actually not be, because they are already being recorded but not yet included in the databases of Authorities, therefore, the Customer now agrees to relieve Logos Engineering from any liability and / or demand of compensation for such circumstances. Logos Engineering Ltd. is not responsible and never can take responsibility for resolving disputes concerning the allocation of a domain name, as well as any change made from the Authorities to the registration procedures or related to the rules of Naming.
In case of failure to renew the domain for reasons ascribed to Logos Engineering Ltd., it contracts to pay to Customer a penalty amount equivalent to twice the amount paid by the Customer for the request of domain renewal.
The Customer agrees in this way to renounce any demand and / or request of compensation.
Where causes of obstacle for the registration or for the transfer of a domain occur, the Customer with the acceptance of these terms of contract authorizes Logos Engineering Ltd. right now to register an alternative domain (in respect to the domain arranged with the Customer), also chosen on its own initiative in order to allow the publication of the site. In this case the original required domain will not be more considered because replaced.
The Customer acknowledges and accepts that the registration of the domain name involves the insertion of personal data in a public accessible register maintained by the Authority responsible for the extension chosen. The Customer warrants that the data provided to Logos Engineering Ltd., for the conclusion and the proper execution of the contract, are correct, current and truthful.
Domain Transfer. It is possible to transfer only domains of property. In case of request for transfer a domain, the Customer must have his transfer AUTH-CODE or similar provided by the maintainer, the Customer is also responsible to reply to the confirmation e-mail of transfer that is sent to the address reported in the administrative contact of the domain by the competent Registration Authority. If the Customer does not remember that e-mail address, it is possible to know it by searching the data of the domain through the Whois Service by the competent Registration Authority.
The domain transfer will disable the services provided by the old maintainer, with the consequent and inevitable loss of data and services provided (mail, web, webmail, ftp, file etc.). The Customer relieves Logos Engineering Ltd. from any liability arising from damage caused by third party for loss of data or for any reasons.
In case of transfer domain to other provider/maintainer the contract will became ineffective at the transfer conclusion. Consequently the transfer conclusion the website and all services connected will be deactivated, the web space will be deleted, it is explicitly excluded any repayments by Logos Engineering Ltd. to the Client for the not enjoyed term.
Mysql Database. Mysql database makes Lexun administrable and hosts the site contents. The inclusion of contents on the site is a technical operation of electronic storage, we suggest to design it before creating the menu architecture, so the structure will be easily accessible.
Statistics service to control the flow of access to the site. From the statistics it is possible to control accesses to the site, pages viewed, hourly, daily and monthly statistics.
Enabling e-mail. Lexun includes up to 10 e-mail (100 Mb each one). The Customer can also buy an optional service with an annual fee to set up an unlimited number of e-mail. The Customer shall configure the e-mail on his own computer. In particular, the electronic mail is automatically removed from our servers after a certain period of time (usually after 4 months), so the Customer must periodically download on his computer his own e-mail through an e-mail management software. It is user’s care provide and set the software in a correct way.
Server space activation. Lexun comes with an unlimited server space with a maximum monthly traffic of 10 gigabyte.
Site reporting on Google – Google keywords. Lexun service provides for reporting the site on Google but it does not guarantee the result of the insertion. The Customer, after purchase, can enter words on Lexun website (metanames or keywords, terms with which is desired to be found by search engine). Logos Engineering Ltd. does site reporting on Google, that service can be defined “a good start indexing” but it must be continuously improved by the Customer through a continuous update of contents and metanames (via Control Panel – Search Engine Indexing).
Enabling Web Mail service. The service includes the activation of Web Mail, working directly on the Internet apart from any email program. It is an essential service because it allows the Customer to receive or send mail from any internet terminal.
Enabling anti-spam service. It is a service provided by our server that allows us to limit the activity known as SPAM, which is the indiscriminate sending of email that often undermines the computer and email program.
Enabling antivirus service. It is a service provided by our server that allows you to minimize the destructive activity of the viruses that arrive via email. This service can not in any way guarantee total immunity from the dangers of contracting viruses from email service. This service is still essential because it is a first protective barrier. This service of course has no effect against viruses, worms and trojans coming from the activity of surfing the Internet, whose defense rests with the antivirus installed on your PC. Lexun works only on server for the e-mail.
5. REAL ESTATE DATABASE
Some services included in Lexun can be derived from open source software in respect of rights and licenses. Lexun Database contains an open source platform. The Platform provides automated translation of the standard terminology (including only the terms already entered in the database) for sale, rental, holiday rental, (comments and news written by the Customer can not be automatically translated) search engine, for type of proposal, for price; innovative automatic mapping of each address entered (only in the real estate database); tagging of ads, information request form for each proposal. Registration of the users’ requests, possibility for users to place their commercial proposals, after examination and approval of the owner of the site.
6. ADDITIONAL OPTIONAL SERVICES
The Customer can also buy with Lexun (or after the purchase) additional services, duration and annual fee (12 months). All additional optional services can be purchased via control panel.
Website in foreign language. The service includes the duplication of Lexun many times how many are the additional languages required, (the duplicate will be reached by a link / flag). The service does not include the translation of texts. The Customer shall translate texts and menus in the foreign language. The control panel can also be set in the preferred language among those setted in Lexun. Lexun is optimized for languages with occidental characters types but it is also compatible with particular idioms (Chinese, Japanese, Cyrillic, etc.). Any defects of visualization are not dependent on Lexun but from the lack of the set of characters in the computer where the site is visualized.
Additional domain. The service provides for the registration of an Internet additional domain that will be redirect to the main domain.
Unlimited E-mail: Mailbox space 100 Mb, Client and Web mail access, virus filter, spam filter.
7. METHOD OF PURCHASE, ACCEPTANCE OF CONTRACTUAL CONDITIONS, PUBLICATION
The Customer, informed on Lexun services, can express interest to try a free demo of Lexun site with none obligation to buy it.
The free demo is active for 15 days, beyond which the demo will be deleted from the system and it will not possible to recover data loaded by the Customer in the meantime.
After the purchase the Customer will receive the order confirmation e-mail that includes the data and the time of purchase and the IP address (Internet Protocol) of the computer from the purchased was sent. The order confirmation also contains all parameters (username, password, configuration parameters etc) to access to control panel and to access to purchased services.
Lexun is purchased (and consequently this contract is accepted) when the Customer makes and completes the online procedure for purchasing. The Customer is aware that the site is purchased at the state of the art proposed in the demo version at the time of contract acceptance. Lexun website is published within 30 days from the purchase on the domain chosen by the Customer (or on the transfered domain), exept if obstacles occur for the transfer not depending from Logos Engineering Ltd. or under express written Customer wish.
The Customer after services purchase must comply with terms of payment, in fact the contract is valid for all legal purposes regardless of the result of site publication and regardless of actual Customer use of it (it can happen that the site can not be published for reasons not depending from Logos Engineering Ltd.). Logos Engineering Ltd. issues the invoice at time of purchase. Logos Engineering Ltd. can however refuse the contract and / or the performance of the required service when the same proves to be contrary to laws, administrative or contractual terms, without giving rise to demands for compensation or damages. Logos Engineering Ltd. is obliged in case of refusal to notify the Customer, immediately repaying the payment received, without additional charges of any kind.
8. PAYMENT AND INVOICING
Logos Engineering Ltd. issues the invoice at time of purchase(using data provided by signing the contract). The invoice is transmitted electronically to the email address provided at the time of purchase. The customer is required to report to Logos Engineering Ltd. any changes of data provided at the time of purchase. Once issued the invoice can not be changed.
The payment must be made within 30 days from date of purchase, regardless of the date of publication of the site. Payments can be made with Credit Card (via control panel) or by Bank Transfer on account number: 882570 151214 holder: Logos Engineering Ltd. - via Isolato Egadi 12/b – poste code 91025 - Marsala (TP) Italy, CIN D ABI 05132 CAB 25903 Bank: BANCA NUOVA SPA – Agency n. 1 in Marsala. Iban code: IT02 D051 3225 9038 8257 0151 214 – Swift Code BPVIIT3T.
9. CONTRACTUAL RENEWAL
The Customer must renew the contract in time to maintain active the website and the Internet services. The renewal must be made at least 20 days before the annual expiry. Failure to pay the agreed payment by the Customer authorizes Logos Engineering Ltd. to suspend with immediate effect all services without notice. The Customer will pay the amount due, subject to the right of Logos Engineering Ltd. to compensation for additional damages. The protracted default will involve the elimination of all Lexun services and of the data contained. Logos Engineering reserves the right to send to the Customer notice of impending expiry of the contract.
10. CONTRACT DURATION
The contract is valid for 12 months from date of acceptance and it will be automatically renewed for other 12 months if none cancellation is required. Any cancellations must be sent by either party by e-mail.
11. CAUSES FOR CONTRACT CANCELLATION
The agreement will immediately cease its effectiveness in the following cases:
Failure to pay within the deadline of any service purchased or of the annual fee.
protracted arrears of the Customer;
expressed wish to withdraw from the contract manifested by e-mail;
domain transfer to other provider/maintainer;
The Customer has provided to Logos Engineering Ltd. false data;
Use of the website in violation of regulatory requirements in force in any country;
Consequently the cancellation of the contract the Customer loses the rights to use the site and therefore may not apply to transfer the site to other servers; the website (with all contents) and all services connected to it (internet domain, mail, web space, web mail, etc..) will be removed, with the consequent and inevitable loss of data of the site, it is explicitly excluded any repayments by Logos Engineering Ltd. to the Client for the not enjoyed term.
In case of contract cancellation for the above cases the Customer can not retaliate against Logos Engineering Ltd. for any damages arising from the suspension of services, including the revocation of Internet domains. Following contract cancellation Logos Engineering Ltd. can still initiate procedures to recover the the amount due and unpaid, including any interest at the rate allowed by law.
12. CUSTOMER OBLIGATIONS
The Customer declares that the information provided to Logos Engineering Ltd. are correct and truthful. The Customer has the obligation to ensure that the data transmitted with the order confirmation are correct and that the data insure the proper publication of the site. The Customer is aware of the rules governing the management of content on Internet sites and he is aware that he can not place on the site illegal contents or information opposed to code of ethics or harmful information.
The Customer is the only responsible for the content of the site because he is the only that can upload any content. Logos Engineering Ltd. reserves the right to disable the site in case of inclusion of content manifestly contrary to the rules, without any liability for any damage that may arise to the Customer from the deactivation (including the possible loss of earnings and any loss of data). In case of the Customer does not fulfill the obligations under this Agreement, Logos Engineering Ltd. reserves the right to immediately stop all services and claim damages. The Customer undertakes in its exclusive interest in making regular backup copies of data entered and he relieves Logos Engineering Ltd. from any liability arising from damages caused by data loss, for any reason, including, of course the deactivation of the site to withdraw from the contract.
The Customer is aware that electronic mail is automatically deleted from our servers after a certain period of time (usually after four months), so the Customer must periodically download the electronic mail into its computer through an e-mail program.
It is forbidden to publish Web sites with content such as a news organization, without the written consent of Logos Engineering Ltd., it is also forbidden to consider or to suggest Logos Engineering Ltd. like publisher or printer without its written consent.
The Customer acknowledges and agrees that, seeing the band shared among multiple users, in case of continued use of bandwidth or network congestion Logos Engineering Ltd. reserves the right to limit the bandwidth available. Right now the Customer agrees that the measurement of traffic realized is carried out by Logos Engineering Ltd. under its own policy and procedures (traffic of all protocols to and from all ports of the IP addresses assigned to the same server).
13. LIMITATION OF LIABILITY CLAUSES
Logos Engineering is committed to employ the best technology in its possession and the best resources at its disposal to provide their services. The Customer agrees that Logos Engineering Ltd. can not in any way be held responsible for delays or failures in the provision of services depending on events outside the reasonable control of it which, without limitation: circumstances beyond one’s control; events caused by third parties such as, interruption or malfunction of the services of telecommunication operators and / or electric power lines, acts or omissions by the competent Registration Authorities; malfunction of the terminals or of other systems of communication used by the Customer. In case of interruption of service, Logos Engineering Ltd. is committed to restore the Service as quickly as possible. The Customer also agrees that Logos Engineering can not in any way be held liable for acts or omissions committed by the Customer and in conflict with the obligations assumed under these general conditions of contract and it shall not be held responsible to malfunction due to defects in the medium necessary for access, improper use of the same and / or how the Customer or third parties access to the service.
Logos Engineering Ltd. will not in any way be liable to Customer or any third party for lost profits, loss of profit, or for any other form of lost profits or indirect and consequential damage connected with performance of these Terms of Agreement. The customer agrees that the Services may be stopped, canceled or transferred on request of the Authority to which the Services are subject to.
responsible for: any open source software integrated into Lexun and their translations, for any possible service interruption depending on third party, for the translations of the multilingual platform because some terms have been translated with the use of translation tools machines
Logos Engineering Ltd. is not responsible for: any open source software integrated into Lexun and their translations because some terms have been translated with the use of translation tools machines
Logos Engineering Ltd. does not assume any liability for services not provided in accordance with the contract terms due to errors or omissions by the Customer.
A successful registration is subject to its acceptance by the competent Registration Authorities; domain names available to a first supervision may actually not be, because they are already being recorded but not yet included in the databases of Authorities, therefore, the Customer now agrees to relieve Logos Engineering from any liability and / or demand of compensation for such circumstances. Logos Engineering Ltd. is not responsible and never can take responsibility for resolving disputes concerning the allocation of a domain name, as well as any change made from the Authorities to the registration procedures or related to the rules of Naming.
In case of failure to renew the domain for reasons ascribed to Logos Engineering Ltd., it contracts to pay to Customer a penalty amount equivalent to twice the amount paid by the Customer for the request of domain renewal.
The Customer agrees in this way to renounce any demand and / or request of compensation.
14. CUSTOMER CARE – QUALIFIED SYSTEM CERTIFICATE ISO 9001
Lexun supplies customer care from 9:00 am to 13:00 and from 15:00 to 19:00 according to the time zone in force in Italy, except public holidays on the Italian calendar, by:
Sending a ticket from the control panel;
e-mail to clienti@lexun.it;
The Lexun user manual in pdf format can always be downloaded via Control Panel.
Qualified system certificate Iso 9001 - All the services of "design and development of Internet portals" provided by Logos Engineering Ltd. are guaranteed by a quality system certificate according to ISO 9001 by Det Norske Veritas Italy, International Certification Organization that periodically verify the system accuracy.
15. COMMUNICATIONS AND COMPLAINTS
The Parties agree to use electronic mail to send the notices required.
The email address used to relay communications to Logos Engineering Ltd. is: clienti@lexun.it.
Logos Engineering will use the email address provided by the customer at the time of purchase to relay communications, notices, and invoices electronically.
16. AMENDMENTS TO GENERAL CONDITIONS OF CONTRACT - PRICES CHANGE:
Logos Engineering reserves the right to modify at any time the Terms of Service and the terms and conditions of service delivery, with notification via e-mail to the Customer with notice of at least 30 days. The Customer agrees that this notice can also be done through the only publication online on www.lexun.it. In case of changes determining a significant reduction in services or price increase, the Customer will withdraw by sending to Logos Engineering Ltd. an e-mail within 30 days. If no one communication is received by Logos Engineering Ltd. within 30 days the changes will be considered accepted by Customer and binding towards him.
17. EXPRESS CANCELLATION CLAUSE:
Logos Engineering may terminate the contract if the Customer does not respect these Terms of Agreement, without prejudice to the rights of Logos Engineering Ltd. to receive payment of fees accrued in its favor at the date of cancellation and the compensation. The fact that Logos Engineering Ltd. does not exercise its rights arising immediately from these terms and conditions does not imply a surrender to them.
18. LAW AND JURISDICTION
The fact that Logos Engineering Ltd. does not exercise its rights arising immediately from these terms and conditions does not imply a surrender to them. The supply relationship is governed by the laws of the Italian State. For all disputes relating to this agreement, the parties acknowledge like exclusive and subsidiary the jurisdiction of Marsala.
19. PRIVACY POLICY According
Customers. We shall inform the Customer that his personal data, given to us in connection with commercial relationships directed to submit bids and/or for the formation of contractual relations or otherwise acquired as part of the activities of our Company, will be processing by Logos Engineering Ltd. with manual and/or electronic systems, in accordance with appropriate safety measures and protection of these data, only for the following purposes:
1) purposes related to the establishment and management of the contractual relationship and to the services supply(domain registration, domain transfer, change of maintainer, etc.), legal fulfillment related to civil, tax and accounting laws; services payments, administrative management; fulfillment of contractual obligations; technical support, updates and technical information about the services provided by Logos Engineering Ltd.;
2) purposes related to the protection of the credit risk (such as acquisition of preliminary data at the conclusion of the contractual relationship and execution of basic operations based on obligations arising from the same contractual relationship);
3) market researches; economic analysis and statistics; business information; marketing and references; sending of advertising/informative/promotional material and updates on initiatives and offers of our Company, and/or of third party Companies in collaboration with Logos Engineering Ltd.; programs and promotions on line, designed to reward Customers and also delivery of services and content based on the statistics of consumption and preferences of the Customers.
Customer data, for the purpose referred in points 1), 2), 3), can be communicated and/or distributed to the network sales Logos Engineering Ltd., to subcontractors and/or financial intermediaries, if committed in execution of work, to individuals, to companies, to associations or to professional activities that provide support and advice to Logos Engineering Ltd., to other companies, such as banks, data centers, risk and debt collection company that develop business information and related to the credit. Providing data for the purposes indicated in points 1) and 2) is mandatory and it is essential for law and/or for the performance of the contract and for the supply of the Services, but it is optional for the purposes referred in paragraph 3). In this last case therefore there are no consequences in case of a Customer refusal, except the impossibility to guarantee an information on the developments of our services. These data are processed in accordance with the laws and can only be communicated to delegated subjects to carry out activities necessary for the execution of the contract and only for that purpose or, only upon request, they can be communicated to judicial authorities or other authority authorized by law to take such data.
We inform the Customer that the personal data may be disseminated to third parties to receive information and/or marketing purposes. The data will be processed for the entire duration of the contract and even thereafter for the completion of all legal obligations and, if there is the Customer consent for future commercial purposes. The consent to the processing of Customer data is released only to the company or to companies directly or indirectly involved in the supply of the purchased service.
Owner and responsible for the collection and processing of personal data is Logos Engineering Ltd., Via Isolato Egadi, 12/B – post code 91025 Marsala (TP).
Search for potential clients or potential partners. To search for potential clients or partners, Logos Engineering Ltd. may send an email to potential customers or to potential partners enclosing the link to the free Lexun demo, using only data collected in compliance with law from lists of public domain, from websites of potential clients or potential partners, from database regularly purchased by Logos Engineering Ltd.. If the potential customers or potential partners do not wish to receive further commercial e-mail by Logos Engineering Ltd., they may object through a link "Cancellation request" mentioned in the same e-mail.
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