User license agreement

The premises and attachments (external links) to the Contract, in particular the Terms of Use, form an integral and substantial part of the Contract itself.

Conditions of use of the platform

2.1 - License to use the Platform.  Mailster, in compliance with the terms and conditions of this Agreement, undertakes to provide the Customer with a limited, non-exclusive license to use the Platform.  Mailster, which directly allows the Customer to send communications by e-mail or through other messaging channels and to take advantage of the analysis functions connected to them, through a SAAS (Software - AS - A - Service) application made available in Internet. The Customer is aware and expressly accepts that the Platform  Mailster is a tool reserved for professional users, with the consequence that this Agreement is not subject to the regulation of consumer contracts. In any case, the Trial will be available to the Customer during which he can verify the functionality of the Platform  Mailster and during which you can withdraw at any time, without any commitment and cost. In using the Platform  Mailster the customer undertakes to abide by the instructions for use defined by  Mailster on the basis of indications in any way deriving from laws, regulations, Authority provisions or self-regulatory codes in force in the countries of origin and destination of the messages or in the process of transposition which  Mailster intends to stick. It is understood that the processing of data connected to the use of the platform will in any case take place in compliance with the regulations in force, it being understood that the Customer assumes the role of Data Controller and  Mailster, making use of its organizational structure for this purpose, assumes the role of data controller as better specified in point 2.3 below. Due to the nature and functioning of the Platform  Mailster, the Parties acknowledge that, pursuant to and within the limits of the provisions of this Agreement, the Customer will directly and independently manage the IT tools made available by  Mailster and it will be the Customer himself, under his sole responsibility, to arrange the messages sent through the Platform  Mailster and to manage, as Data Controller, the data of the recipients of the messages themselves.

2.2 - Customer access to the platform. The Client will have access to the Platform  Mailster through a reserved area called "Console" through authorization and authentication credentials attributed to the Customer, kept and used by them under their sole responsibility. Access to the Console and use of the Platform  Mailster must comply with the provisions of this Agreement and the Terms of Use. In particular, the Customer undertakes to keep the above alphanumeric access codes (called "username" and "password") with the utmost confidentiality and is therefore also responsible for the custody of the same: the Customer will therefore be solely responsible for any damage caused by any use of login and password by unauthorized third parties. In any case, the Customer undertakes to communicate immediately to  Mailster any theft, loss, loss or appropriation for any reason, by unauthorized third parties, of the access credentials.

2.3 - Ownership of the personal data, messages and obligations of the Parties. The contents of the messages sent by the Customer and the personal data (database) of the recipients of the communications are the exclusive property of the Customer e  Mailster undertakes not to make any use of it other than that provided for the fulfillment of the Contract. In particular  Mailster undertakes: not to transfer or make the personal lists available to third parties, partially or totally, temporarily or permanently; not to use it for any reason, except for statistical purposes and to improve the Platform  Mailster; not to keep a copy, except for that which is essential for the functioning of the Platform  Mailster and in accordance with current legislation.  Mailster will process the data necessary for sending messages to the Customer's recipients only as an external data processing manager. To this end, the Customer hereby appoints  Mailster responsible for the processing,  Mailster accepts the appointment at the same time as the signing of this Agreement, possessing the technical skills to fill this role, and only and exclusively in relation to the IT management of the Customer's databases, excluding any responsibility for their content and their use by the Customer. It is also understood that  Mailster for carrying out activities instrumental to the use of the Platform by the Customer  Mailster may make use of the organizational structure normally used in carrying out the processing carried out. In this regard, it is specified that the manager may use their own managers, both internal and external, as well as their own data processors, who operate within the operational structure by the appointed manager also in relation to data that the same  Mailster deals on behalf of third parties.

In this data processing activity,  Mailster undertakes to comply with the following instructions given by the Customer as owner:

1. make use, where possible, of IT and / or telematic tools with CPUs allocated in the Italian territory in order to avoid any bureaucratic need for the cross-border flow of data, adopting logic strictly related to the purposes of the services that  Mailster is obliged to return to the Customer and in strict compliance with the relevant provisions in force, including with regard to data security;
2. adopt the necessary minimum security measures in line with the provisions of the current Privacy Code;
3. observe the general safety measures established by the aforementioned legislation and in particular by the Technical Regulations regarding Minimum Measures; And
4. make use, if necessary for the execution of this Agreement, of subjects who will act as data processors or persons in charge of the processing and who will therefore be required to use the data they become aware of in the performance of their activities, exclusively for the purpose of executing the this Agreement, excluding any further processing not expressly authorized by the Customer in its capacity as owner.

The designation of  Mailster a data processor is governed by the following criteria which the manager undertakes to abide by:

1. Mailster guarantees that it will process the personal data owned by the Customer exclusively to fulfill the contractual obligations referred to in this Agreement. In particular,  Mailster guarantees that it will not disseminate or communicate such data, nor will it make them available, directly or indirectly, to third parties, except in cases where this is necessary to fulfill legal obligations or obligations under the Contract.
2. Mailster undertakes to provide the Customer with all the information and collaboration necessary for the latter to fulfill the obligations set out in the Privacy Code, including the regulations referred to in Annex B (Technical regulations on minimum security measures).
3. Mailster guarantees that the personal data and the treatments referred to  Mailster himself is in charge as manager will be protected in compliance with the obligations set out in articles 31, 33, 34 and 35 of the Privacy Code. In particular,  Mailster guarantees that the personal data being processed will be kept and controlled, also in relation to the knowledge acquired on the basis of technical progress, the nature of the data and the specific characteristics of the processing, in order to minimize, by adopting suitable and preventive security measures, the risks of destruction or loss, even accidental, of the data itself, of unauthorized access or treatment that is not permitted or does not comply with the purposes of the collection. Furthermore, pursuant to Article 25 of the Technical Regulations on minimum security measures,  Mailster certifies the compliance of its organization and its information system with the provisions of the aforementioned technical specification.
4. Mailster will proceed with the processing by following the instructions given by the Customer who, also through periodic checks agreed in advance with the appointed manager, will be able to monitor the timely compliance with the legal and contractual provisions. In this sense,  Mailster will provide its agents with all the instructions and procedures in written form necessary for compliance with the law and the Agreement.
5. The designation as manager of  Mailster has a duration equal to the duration of this Agreement and will be considered revoked upon termination of the Agreement, for whatever reason this occurs.
6. Upon termination of the contractual relationship, the Customer's personal data and copies thereof will be permanently deleted from the information system of  Mailster (including any paper archives), without prejudice to legal obligations, in accordance with the provisions of the following art. 2.7 of this Agreement.

2.4 - Consent of the recipients of the messages. The Customer expressly declares to be aware of the essential requirement to use the Platform  Mailster for sending messages in automated mode is the collection of consent to the receipt of the same by the recipients. The collection of consent concerns both the recipients of e-mail messages and the recipients of SMS messages. The consent must necessarily present the requirements established by current legislation and therefore be preventive, express, free, informed and referred to specific treatments. This constitutes an essential obligation for the Customer. In the event of non-compliance, even for a single time, with this essential obligation,  Mailster reserves the right to reduce the sending speed up to the exclusion of the risk of further violations, or to terminate the Agreement pursuant to art. 8.7 of this Agreement.

The Customer declares to be aware that  Mailster expressly prohibits:

1. the use and / or purchase and / or rental of lists of recipients from external suppliers, even if the consent has been collected from third parties, and it is also forbidden to send them to recipients found from public lists, registers public or published on the internet;
2. the use of lists of recipients collected through co-registration and / or data-sharing activities (such as, but not limited to, "passive co-registration", "list broking", "list rental", "affiliate email marketing ") and any other similar case in which the collection of consent is not carried out directly by the Customer and / or the consent collected does not refer to a specific treatment;
3. the use of features such as SMTP +, SMTP Relay, Fast Email, Instant SMTP, WebService / API to send massive messages with commercial / marketing / promotional content provided by third parties or DEM, EDM, direct emailing, direct email marketing;
4. the sending of material falling into one of the following cases: (a) obscene material or material in favor of pedophilia; (b) material that is offensive or for purposes contrary to morality; (c) material with purposes contrary to public order; (d) material that damages the rights of third parties; (e) copyrighted material (eg books and / or publications or parts of them or whatever); (f) material held illegally (eg pirated software, unauthorized copies, etc.); (g) information or databases in contrast with the current legislation of the country of receipt and / or origin of the messages or in any case in contrast with Italian legislation; (h) material that incites violence or hatred; (i) material that sells and promotes services or goods that are illegal in the country of receipt and / or origin of the messages or in any case in conflict with Italian law; (j) materials that introduce viruses, Trojans or other harmful and illegal software; (k) messages relating to: services or products such as escort services and dating; pornography or other sexually explicit content; pharmaceuticals, work from home, online earning opportunities and lead generation; online trading, day trading advice, or stock market content; gambling services or products; multi-level marketing; affiliate marketing; opportunities for credit recovery and debt settlement; mortgages and loans; food, vegetable and vitamin supplements; objects or references to erotic games for adults; (l) material deemed "doubtful" at the sole discretion of  Mailster. 

In all these cases  Mailster reserves the right to reduce the sending speed up to the exclusion of the risk of further violations, or to immediately and permanently block access and use of the Platform.  Mailster and declare the legal termination of the Contract for non-fulfillment pursuant to art. 8.7 of this Agreement. 

Furthermore, the Customer expressly undertakes to use the Platform  Mailster in compliance with current legislation with particular reference to the Provision relating to the Guidelines on promotional activities and the fight against spam - 4 July 2013 (Published in the Official Gazette no.174 of 26 July 2013 - Register of measures no.330 of 4 July 2013 2013) and the Provision relating to consent to the processing of personal data for "direct marketing" purposes through traditional and automated contact tools - 15 May 2013 (Published in the Official Gazette no. 174 of 26 July 2013 - Register of measures no. 242 of 15 May 2013) both issued by the Guarantor for the protection of personal data. The Customer also declares to be aware and to accept that the consent must be updated and will have a maximum duration of 24 (twenty-four) months, taking into account the last manifestation of will declared by the interested party, in accordance with the provisions of the Guarantor for the protection of personal data for consents referring to data collected in relation to adherence to loyalty programs (so-called Fidelity card - provision of 24 February 2005 - 'Fidelity card' and guarantees for consumers. The rules of the Guarantor for loyalty programs ). The Customer undertakes to comply with the provisions regarding the prohibition of sending unsolicited and unwanted communications from recipients (otherwise known as sending "spam" and "spamming") in point "VI Spam and limitations" of the Terms of Use and the Antispam Policy.

In the event that the Customer uses the Platform  Mailster for illegal purposes and / or for sending unsolicited or unauthorized advertising, causing for  Mailster resulting in disruptions such as the registration of one or more sending IPs or of the second level domain linked to the service in use in an international Relay Block List or Blacklist (including, by way of example and not limited to, URIBL, SURBL, SORBS, SPAMCOP , SPAMHAUS, and others), or a blacklisting or relay block listing at an Internet Service Provider (including, but not limited to, Google, Microsoft, Yahoo !, AOL, Godaddy, Register, Aruba, Fastweb, Alice and others ), the Customer will be considered sole and exclusive responsible for the violations implemented, relieving himself from any type of responsibility in this regard  Mailster, which reserves the right to act in the appropriate fora for compensation for damages, against itself or third parties, resulting from such behavior.

Mailster, at any time, even beforehand and starting from the Trial, will have the right to suspend mailings through the Platform  Mailster and request the Customer to provide the documentation proving the existence and suitability of the recipients' consent, within the terms mentioned above, upon receipt of the communications sent through the Platform  Mailster. The Customer will have 10 (ten) calendar days, starting from the receipt of the communication sent by the abuse prevention service, to provide the above requested. In the event that the Customer refuses to provide the required documentation within the terms referred to above, or the same is absent, unsuitable or incomplete, for any cause or reason,  Mailster reserves the unquestionable right to reduce the sending speed up to the exclusion of the risk of further violations, or to permanently block access to the Console and declare the termination of the Contract due to breach pursuant to art. 8.7 of this Agreement. Then  Mailster will not be liable in any way, nor will it be required to pay any indemnity and / or compensation for the unused service;  In this case, Mailster will have the right to charge the Customer the sum of Euro 1,000.00 (one thousand / 00 euros) as a penalty, without prejudice to the right to compensation for any greater damages of any nature directly or indirectly determined as a result of use. addresses that do not meet the requirements of current legislation and this Agreement.

The Customer undertakes to provide in every message sent through the Platform  Mailster a working link that allows the recipient to have all the necessary information in order to freely unsubscribe and therefore be removed from sending subsequent emails. The aforementioned cancellation link must be clear, easily recognizable and legible. The cancellation must be automatic, take place in a maximum of two clicks and not require the insertion of a password or the sending of an email. Any unsubscribe requests must be processed by the Customer within 3 (three) days of the request.  Mailster reserves the right to verify the actual compliance with this deadline by which the Customer will have to delete the applicant from the lists of recipients uploaded to the Platform database.  Mailster.

The Customer also declares to be aware of and accept that the collection of the consent of the recipients of the messages is a burden exclusively on him. In collecting this consent, the Customer must inform the recipients that for the sending of communications he may use supports provided by third parties, such as the Platform  Mailster. Furthermore, it is the Customer's sole responsibility to inform the recipients before using the Platform  Mailster, which - in relation to email communications - statistical tracking systems can be used that allow to detect the opening of a message and the clicks made on the links (hyperlinks contained in the email), identifying in particular quantity and date (according to the technical specifications that can be deduced from what is reported in the Privacy Policy.

Mailster is consequently released and will be fully indemnified and held harmless by the Customer from any liability deriving from the methods adopted by the Customer for entering data in the databases made available to him for the use of the Platform.  Mailster, as well as the methods of acquiring consent for the use of these tools. In order to guarantee a high quality of the sending of messages and to offer the Customer every useful tool to prevent the sending of unwanted messages,  Mailster will automatically exclude from the lists of recipients entered on the Platform  Mailster non-existent and / or incorrect email addresses, recipients who have expressed their desire not to receive communications from the Customer and other recipients to whom any contact actions for commercial purposes do not comply with the SPAM prevention criteria and are potentially harmful to their own commercial image, also taking into account the best practices recognized by operators in the sector.

The Customer declares to be aware that all correspondence between the Customer and  Mailster, including its collaborators, can be registered and archived. 

2.5 - Information about the sender. The Customer undertakes to insert, in each email sent, a clearly visible section "information about the sender" ("about us"), in the text or in the form of a direct link. This section must contain the following information:

1. name (surname and first name) and residential address of the sender if a natural person, in the case of companies, organizations or associations in addition to the name (e.g. company name) and address of the registered office, also the legal form, the indication of the register registration, company register or other commercial / associative register of equivalent category with the relative registration / registration number;
2. contact information, consisting of at least a valid telephone number or an electronic contact form, as well as an email address, and
3. if available, the identification number for value added tax purposes, VAT identification number for EU purposes / VAT identification number, or other equivalent identification number for tax purposes must be provided.   

2.6 - Additional functions and interoperability. The platform  Mailster provides the Customer with functions, tools and applications for integration with external software ("API" or "interoperability functions") as established in the "Mailster API" documentation. Through the API, the Customer has the possibility to create customized integrations between the Platform  Mailster and third-party applications in order to facilitate any automatic data updating. The Customer is solely responsible for the use of the interoperability functions and undertakes to use them with adequate tools and in compliance with the contents of this Agreement. Use through the Platform  Mailster of features made available by third parties may be subject to the acceptance of the contractual conditions of such third parties.

2.7 - How to delete customer data. After 10 (ten) days from the date of expiry or termination of the Agreement for any reason,  Mailster will have the right to delete the data stored on behalf of the Client on the Platform  Mailster, including any residual credits as specified in Article 7.1. These data will be freely available and downloadable by the Customer within the period indicated above using the normal functions of the Platform  Mailster. In case of suspension of access to the Console due to administrative irregularities (see art. 4.2), the Customer will be able to access only after having removed the cause that led to the block. Without prejudice to this right of cancellation, longer storage times may also be dictated by needs other than those indicated in this Agreement, in particular in the event of investigations by the Judicial Police or bodies responsible for any checks.

2.8 - Customer service. Merely ancillary and instrumental to the use of the Platform  Mailster,  Mailster undertakes to provide the Customer with technical assistance for reports related to the correct functioning of the Platform  Mailster in accordance with the provisions of section 5 Guarantee of the minimum level of functionality.

Section 3. Ownership and Trademarks; Third party licensees.

3.1 - Ownership of the Platform  Mailster.  Mailster is the sole exclusive owner of all rights and interests in the Platform  Mailster, and any related Intellectual Property, including any resulting developments.  Mailster is a registered trademark. The website, the Platform  Mailster and the information contained therein, with the sole exception of what is mentioned in Article 2.3, are the property of  Mailster. Unauthorized copying and dissemination in violation of Intellectual Property rights is prohibited.

3.2 - “Powered by  Mailster ". The Customer acknowledges and accepts the fact that, depending on the different subscription purchased by the Customer,  Mailster may insert in each message sent by the Customer a wording and / or a logo regarding the Platform  Mailster, containing a link to one of the sites  Mailster.

3.3 - Use under sub license. If the Customer sublicens access and use of the Platform  Mailster to its customers, the Customer will be held solely responsible for compliance with the provisions and obligations of this Agreement, as there is no direct relationship with these end customers.  Mailster. The Terms of Use of the Platform  Mailster must in any case be accepted for acknowledgment by users.

The appointment of  Mailster to external data processing manager, pursuant to art. 2.3, by the Customer it also extends to the treatments that will be carried out in relation to the contractual agreements in place with its sub-licensee customers, with respect to which it is the responsibility of the sub-licensee customers themselves to appoint the resellers as external data processors. or to identify suitable organizational methods aimed at guaranteeing the security of the data processed. The Customer undertakes in any case to indemnify and hold harmless  Mailster from any prejudice that the same should suffer due to behavior, non-fulfillment or violations of sub-licensees, including the consoles activated by the reseller panel in the provisions of this Agreement.

Section 4. Economic terms and contractual duration.

4.1 - Beginning, duration and termination of the Agreement. The Contract is for a fixed term based on the minimum duration and the relative usage fee chosen by the Customer (by way of example and not limited to 12, 24, 36 months). The duration starts from the date of activation or renewal of the Console. On the expiration date, the Contract is automatically renewed for an equal duration (e.g. 12, 24, 36 months, etc.) in the absence of cancellation that the Parties may exercise until the expiry date of the Contract by registered letter with return receipt, fax message or Certified e-mail message. In case of cancellation presented after the aforementioned essential term, the same will have no effect and the Customer will have to pay the entire amount for the subsequent period, even in the event of non-use, in consideration of the provision of the Platform.  Mailster. It is understood that, if the Customer intends to send a cancellation before the end of the chosen period, he will still be required to pay the usage fee for the entire period. During the Trial, the Customer can exercise the withdrawal from the Platform Contract  Mailster freely, at no cost and at any time.  Mailster reserves the right not to proceed with the Customer's scheduled sending of communications and / or marketing campaigns through the Platform.  Mailster, via newsletters or other messaging channels, in the event that the same sending, even if it begins during the period of validity of the Contract, continues beyond the expiry of the same.

The termination of the fees relating to options (such as "additional administrator") must be exercised in the same manner as indicated above (registered letter with return receipt or certified e-mail message or through a specific function available in the reserved area) always within the expiry date of the same. .

4.2 - Consideration, invoicing and payments. For the provision and use of the Platform  Mailster, as well as for the provision and execution of the ancillary and instrumental services provided for in this Agreement and for the use of any additional options offered by the Platform  Mailster, the Customer undertakes to pay a periodic fee and / or a one-off fee within the times and in the manner indicated in the "Online" order if the purchase is completed remotely via the E-commerce site, except for use of any trial period. Without prejudice to the provisions of articles 7.1 and 7.2 below. Payment can be made by bank transfer, PayPal or credit card, subject to successful completion. In the event that the Customer fails to pay the fee as agreed above  Mailster may, at its sole discretion and at any time, disable the sending function, upon communication in the Console, of all consoles in the Customer's name. After 10 (ten) calendar days without the Customer having paid the balance of the agreed amount,  Mailster will be authorized to block the Customer's access to the Console and / or declare the termination of the contract pursuant to art. 8.7 of this Agreement and subsequently to delete all data present, without prejudice to the right to  Mailster to demand payment of the entire fee under the Agreement in any case. Payment of all sums due to  Mailster on the basis of this Agreement cannot be delayed or suspended for any reason, not even in the presence of pending disputes, it being understood - also in derogation of art. 1460 of the civil code - that the customer can assert any rights only through a separate procedure and only after the full fulfillment of his obligation to pay the fee. In the case of payment by credit card or PayPal, the recurring payment method will be activated, which foresees, on the renewal date, the pre-authorized automatic debit of the amount corresponding to the use of the Platform.  Mailster and the options already activated for a period of equal duration, unless canceled by the Customer with express communication in compliance with the procedures and timing referred to in point 4.1. If at the automatic renewal of the Contract the pre-authorized debit should not be successful for any reason (by way of example and not limited to: expired credit card or lack of necessary funds) this will result in the immediate blocking of the sending functions and the contextual notification failure to pay in the Console and to the Customer's Administrative Contacts selected to receive administrative information. After a further 10 (ten) calendar days without the Customer having made the payment,  Mailster may block access to the Console and / or declare the termination of the contract pursuant to art. 8.7 of the Contract and proceed with the subsequent cancellation of the Customer's data, without prejudice to the right to  Mailster to collect and / or definitively withhold the fees for the entire contractual period. The Parties establish that in the event of late payment of the aforementioned fee, default interest will be due pursuant to Legislative Decree 231 of 9 October 2002 and subsequent amendments. The periodic fee of the Platform  Mailster, related options, ancillary services and assistance may be subject to annual change from the next renewal. In case of an increase,  Mailster will inform the Customer, with notice of at least 60 (sixty) days before the chosen deadline, by communication in the Console or by e-mail to the Customer's email address identified in the registry section of the Administrative Contacts Console for the receipt of administrative information, filled in by the Customer. The new rates will be applied from the date of renewal of the Contract and will be kept unchanged at least for the next contractual period. In the event that the Customer does not intend to accept the new rates, he must, pursuant to article 4.1, exercise the cancellation within the terms and methods provided; failure to cancel within the terms set out in this Agreement, to be understood as forfeiture, will be considered as unconditional acceptance by the Customer of the new rates, which will therefore be legitimately applied from the date of renewal. For each activity requested by the Customer a  Mailster notwithstanding the provisions of this Agreement and to which  Mailster, in its unquestionable judgment, agrees, the Customer undertakes to pay  Mailster an amount equal to Euro 100.00 (one hundred / 00 euros) to cover administrative costs.   

4.3 - Console space. The use of the Console space by the Customer is strictly limited to the sole purposes related to the sending of newsletters through the Platform  Mailster and the use of the same for sending communications in another form (SMS and Social) pursuant to this Agreement, therefore the Console space is available exclusively for uploading files related to this function. The Customer expressly accepts this principle and therefore undertakes not to use it for different purposes or in different ways. The images and / or documents uploaded will be retrievable only from the messages sent or from the web version of these messages. The space available is free and unlimited. In any case, single files (images, documents, etc.) cannot be uploaded, whether they are attached directly or can be recalled from links included in the communication sent through the Platform.  Mailster, larger than 20 MB (twenty megabytes).  Mailster reserves the right to verify, at any time and even without notice, the compliance of the files saved in the Console space with the provisions of this article. If these files are not connected to the sending of communications through the Platform  Mailster, were larger than the maximum permitted limit or in any case fell within one of the cases listed in Article 2.4, point iv, letter (a) to (l),  Mailster may proceed with the cancellation of the same without any obligation to notify the Customer. The traffic generated by a file uploaded to the Console and linked within a message cannot in any case exceed the following limit: number of recipients of the message multiplied by the weight of the file multiplied by ten (example: message sent to 1,000 recipients containing a link to a 0.5MB file, the linked file can generate a maximum traffic of 0.5 * 1,000 * 10, i.e. 5,000MB). Beyond this limit  Mailster, at its sole discretion, may slow down or limit access to the file, or delete the file from the Console without any obligation to notify the Customer.

Section 5. Minimum Level of Functionality Guarantee

5.1 - Availability of the Platform  Mailster. With this Agreement  Mailster undertakes to make the Platform available  Mailster with an up-time availability rate of 99%, for 24 hours a day and 365 days a year. The Parties acknowledge that in any case it cannot be attributed to  Mailster the unavailability of the Platform  Mailster due to facts and circumstances attributable to the Customer or to subjects whose behavior the Customer is required to answer, such as, by way of example but not limited to, the availability of a suitable Internet network at the Customer, hardware, software, internal network problems of the structure organizational structure of the Customer. From the definition of the minimum level of guaranteed functionality, ordinary maintenance activities communicated to the Customer with notice of at least 2 (two) calendar days and extraordinary maintenance communicated to the Customer with notice that may even be less than 4 (four) hours must be excluded. During holidays and from 0.00 to 6.00 on working days, occasional service interruptions may be necessary due to program maintenance operations which will not enter into the determination of the minimum level of guaranteed functionality, and with respect to which, therefore, any liability is excluded. head to  Mailster.

5.2 -Customer service. In an instrumental and ancillary way to ensure the correct use and full functionality of the Platform  Mailster,  Mailster undertakes to provide technical assistance for reports on problems related to the correct functioning of the Platform  Mailster from Monday to Friday during office hours (09.00-18.00), excluding holidays, according to one of the following methods and selected by the Customer:

[a] EMAIL - Technical assistance via Email or by filling out the help form available on the console, on issues relating to the functioning of the Platform  Mailster with taking charge of the problem within 8 working hours and intervention, with a request for confirmation by the Customer, carried out within 24 working hours (the 24 working hours are to be understood starting from the moment in which the technical support provides the first response of taking charge of the request). The assistance does not include advice on the composition of messages, on the Html code, on the setting and quality level of the communication, on deliverability issues (message delivery). Response times are guaranteed from the moment in which all the information suitable for the exact identification of the problem has been provided to technical support.

[b] EMAIL + TELEPHONE - Assistance via Email and telephone (activation via the dedicated form module in the Reserved Area of  Mailster.it) on issues relating to the functioning of the platform  Mailster. The assistance does not include advice on the composition of messages, on the Html code, on the setting and on the quality level of the communication. Assistance on issues related to deliverability (message delivery) is not included. Support takes charge of the request within 4 working hours. Intervention, with a request for feedback from the Customer, within 16 working hours starting from the taking charge of the problem (the 16 working hours are to be understood starting from the moment in which the technical support provides the first response to take charge of the request ). Response times are guaranteed from the moment in which all the information useful for identifying the request in its entirety has been provided. The telephone assistance, referred to in this option, is provided following the opening of the relative request (Ticket) by telephone or by email, in compliance with the methods and times specified above; in the event of first contact by telephone, the operator will collect the information communicated by the customer and activate the assistance ticket.

[c] PROACTIVE SUPPORT - Assistance service by email and by telephone through a direct contact person, responsible for the customer. Assistance is provided on issues relating to the operation of  Mailster. It also includes telephone consultancy on the composition of messages, on deliverability (deliverability of messages), on the setting and quality of the communication (the activities of revision and / or editing of texts, graphic composition and sending of communications are excluded). . Taking charge of the problem within 2 working hours. Intervention, with a request for feedback from the Customer, carried out within 8 working hours starting from the taking charge of the problem (the 8 working hours are to be understood from the moment in which the technical support provides the first response to take charge of the request). Response times are guaranteed from the moment in which all the information useful for identifying the request has been provided.

[d] PREMIUM SUPPORT / PRIORITY ASSISTANCE - Assistance by email and by telephone (activation via the dedicated form in the reserved area) on issues relating to the functioning of the Platform  Mailster. The assistance does not include advice on the composition of messages, on the Html code, on the setting and on the quality level of the communication. Assistance on issues related to deliverability (message delivery) is not included. The Premium Support / Priority Assistance option includes:

• Highest priority in the fulfillment of requests;
• Faster handling of all requests sent via the "Help" tab;
• Possibility to contact technical support by telephone, using a code for direct access.

Support will take charge of the request within 4 working hours. The intervention, with a request for feedback from the Customer, will take place within 16 working hours starting from the taking charge of the problem (the 16 working hours are to be understood starting from the moment in which the technical support provides the first response. in charge of the request). Response times are guaranteed from the moment in which all the information useful for identifying the request in its entirety has been provided. The assistance referred to in this option is provided following the opening of the relative request (Ticket) by telephone or by email or by filling in the help form available on the console, in compliance with the methods and times specified above; in the event of first contact by telephone, the operator will collect the information communicated by the customer and activate the assistance ticket.

5.3 - List of contacts authorized to request assistance. Technical assistance by e-mail via Email, referred to in paragraph 5.2 above, will be provided by  Mailster exclusively to contacts (Email addresses) previously entered by the Customer in the list of Administrative Contacts selected for receiving Technical information in the appropriate section of the Platform  Mailster. It will be the sole responsibility of the Customer to keep this list constantly updated.  Mailster will in no case be held responsible for technical assistance provided following failure / delayed updating or incorrect or negligent compilation by the Customer of the list of Administrative Contacts enabled to request assistance.

Section 6. Representations, Warranties, Liability and Limitations.

6.1 - Guarantees.

Customer Guarantees. The Client represents and warrants: (i) that all information provided by the Client a  Mailster are complete, correct and updated, including the data entered in the appropriate "Management" menu, and in particular in the Administrative Contacts section, available within the Platform  Mailster; (ii) to be entitled to authorize, and to authorize  Mailster to exercise all rights necessary to execute this Agreement. There is nothing in this article to limit or exclude the liability of any of the Parties for willful misconduct or gross negligence.

Guarantees of  Mailster.  Mailster represents and warrants that: (i) it has taken all appropriate corporate actions and has full power and authority and all rights necessary to enter into and execute the terms of this Agreement and grant the license rights set forth therein, and that it enters into it and the execution of this Agreement and the granting of the rights set out to the Customer do not violate or conflict with the rights of third parties; (ii) the Platform  Mailster and related documentation are originals of  Mailster and that neither the platform  Mailster, nor the documentation infringe, or otherwise infringe any copyright, patent, trademark, trade secret, or other intellectual property right owned by third parties.

6.2 - Responsibility for the information published. In consideration of the nature and characteristics of the Platform  Mailster and its functioning, the Customer, also in his capacity as responsible for the fact of his employee, clerk or auxiliary pursuant to art. 1228 and / or 2049 of the Italian Civil Code, undertakes to fully indemnify and hold harmless  Mailster in the event that the latter is requested or required, directly or jointly, both out of court and judicially, to pay amounts, by way of example and not exhaustively, by way of compensation for damage, compensation, sanctions (criminal, administrative, tax or of another nature) in relation to the content of communications and information transited or otherwise transmitted via the Platform  Mailster, to the legitimacy of the same, as well as to the behavior held by the Customer, by personnel, employees, collaborators of the latter, by end customers, or in any case by any person whose work the Customer is required to respond to by law or contract . Civil and criminal liability in relation to the information published through the service offered by  Mailster remains the sole responsibility of the Customer.

6.3 - Responsibility for non-fulfillment of the Customer. The Customer undertakes to hold harmless and indemnified  Mailster from all damages, losses, liabilities, costs, charges and expenses, including any legal fees, which may be incurred or incurred by  Mailster or for which the same was the subject of a request for payment, and which would not have been so suffered or incurred or requested if (i) the Customer had fulfilled the obligations assumed by signing this Agreement and (ii) the representations and guarantees given by the Customer with the signing of this Agreement were true, correct, complete and not misleading. The Customer also undertakes to hold harmless and indemnified in full  Mailster from all damages, losses, liabilities, costs, charges and expenses, including any legal fees that may be incurred or incurred by  Mailster or for which the same was the subject of a request for payment, however connected to the sending of information contained within the Customer's messages, even in the event of compensation for damages claimed by third parties for any reason.

6.4 - Responsibility for using the platform. The Customer acknowledges and acknowledges that the use of the Platform  Mailster will take place, in compliance with this Agreement, in full autonomy and that, consequently, the Customer will be exclusively and directly responsible for it. The Customer undertakes to communicate and have their employees subscribe, and to all those who will still have access to the Platform  Mailster by virtue of the existing relationship with the Customer, the commitment to observe the obligations arising from this Agreement, making sure in any case that they are aware of it and undertaking to do everything possible to ensure that these obligations are duly observed.  Mailster and its employees and / or collaborators do not assume any responsibility in relation to the use of the Platform  Mailster by the Customer and to this end the Customer undertakes irrevocably, expressly relieving third-party beneficiaries from the burden of declaring that they want to profit from it, to keep them fully harmless and indemnified  Mailster and its employees and collaborators from any damage or prejudice, whether contractual or extra-contractual, which may derive, directly or indirectly, from the methods of use of the Platform  Mailster and execution of this Agreement by the Customer. These provisions remain valid and effective even after the termination of the effects of this Agreement, for any cause, including expiry of the terms, termination or withdrawal of the same.

6.5 - Breaches due to external events.  Mailster will not be held responsible in any way for the malfunction of the Platform  Mailster or the impossibility or difficulty of carrying out ancillary services deriving from the responsibility of the operators of telephone lines, electricity and global and national networks, by way of example, but not limited to, as a result of failures, overloads, interruptions, etc.

6.6 - Causes of force majeure.  Mailster cannot be held responsible in any way for any breaches of this Agreement that arise from causes beyond its sphere of reasonable control or from causes of force majeure or unforeseeable circumstances, such as, by way of example but not limited to, popular riots, acts of terrorism and war, strikes, riots, tornadoes, hurricanes, floods, fires, landslides and landslides.

6.7 - Interruptions for exceptional events.  Mailster is committed to maintaining the efficiency and functionality of the Platform  Mailster; should it be forced to interrupt its use due to exceptional events or for maintenance, it will contain such interruptions or suspensions as quickly as possible, providing timely updates in the Console to the Customer.  Mailster will define the appropriate access procedures and reserves the right to improve them at any time; will also provide the Customer, at the request of the same, with all the technical specifications to be able to access the Platform  Mailster and make proper use of it in accordance with this Agreement.

6.8 - Failures due to third parties.  Mailster will also not be responsible for any conduct or omissions of third parties that affect the functioning of the Platform  Mailster, including, but not limited to, speed slowdowns or the failure of telephone lines and computers that manage telematic traffic between the Customer and the Platform  Mailster.

6.9 - Third party services. In the event that the Customer uses features of the Platform  Mailster made available by third parties, including network operators, the following provisions will apply:  Mailster allows access to these features provided that they are subject to terms, conditions and limitations imposed by their suppliers and that in no case  Mailster will be responsible for the failure or incorrect functioning of the same. In the event that third parties change, suspend or interrupt the provision of these features,  Mailster may consequently change, suspend or terminate access to such services without notification. Further,  Mailster will be authorized to suspend the use of the Platform  Mailster that is directly dependent on services offered by such third parties. In any case, the faculty remains unaffected  Mailster, where necessary, to use different suppliers in order to guarantee the functionality of the Platform  Mailster. In this regard, the Customer authorizes  Mailster to provide these third parties with all necessary information.

6.10 - Sending messages. Messages are intended as sent when they are sent by the Platform  Mailster to the destination programmed in the Console, including, but not limited to: SMTP server, mobile telecommunications networks or any intermediary server or API of third party service providers. The Customer acknowledges and accepts that the third party suppliers may interrupt the services provided without notice to  Mailster or to suppliers of  Mailster. In this case the messages will not be delivered to their destination, without this being in any way attributable to  Mailster. The message delivery receipt is available but not guaranteed: when the service provider or mobile telecommunications operator provides it, it is reported in the Console. The Customer acknowledges that the sending of communications, due to the intrinsic technological characteristics, is not to be used in cases where the failure to receive a message, total and / or within a certain time, is likely to cause damage to the Customer or third parties;  Mailster does not guarantee the delivery of communications and the constant usability of the Platform  Mailster and, in case of non and / or delayed delivery, or lack of delivery receipt, is in no way responsible either directly or indirectly towards the Customer and / or towards third parties.  Mailster also reserves the right to exclude from sending some recipients or groups of recipients that may compromise the quality of the sending individually or as a whole (eg Spamtrap).

6.11 - Limitation of Liability. Except in cases of willful misconduct or gross negligence, the responsibility of  Mailster for non-fulfillment pursuant to this Agreement may in no case exceed the amount equal to 20% of the consideration paid by the Customer to  Mailster in the period between the date of the last renewal / expiration of the Console, or between the Activation date if no subsequent renewal / expiration occurred, and the date on which, in the validity of the contract, it occurred for the first time the damage, by comparing the periodic consideration referred to above in proportion to the period mentioned above, up to a maximum of 12 months.

Ownership of data relating to the use of the platform by customers and conditions of use of the platform itself.

8.1 - Aggregate data. As agreed between the Parties,  Mailster holds all rights to the use of statistical information, data and related analyzes in aggregate form, deriving from the use of the Platform.  Mailster from its Customers. Such data in aggregate form does not include personal data and the Customer expressly authorizes  Mailster to use them in order to improve the functionality of the Platform  Mailster or for the purpose of statistical information that can always be published in aggregate form.

8.2 - Advertising. The Customer authorizes the use by  Mailster of your name and logo in presentations, marketing materials, customer lists, financial reports. Without prejudice to the provisions of the previous articles 3.1 and 3.2 of this Agreement, the use by the Customer of the logo, trade name and any other distinctive sign relating to the Platform  Mailster must be requested in advance by the Customer in writing and authorized, again in writing, by  Mailster.

8.3 - Free trial.  Mailster may offer free trial periods of the Platform  Mailster to new customers. This trial period is to be understood as aimed solely at testing functionality, with limited deliveries to the Customer's test addresses. It is not permitted for the same Customer to activate more than 2 (two) test consoles. No cost is due to take advantage of the free trial. The Free Trial Console will be automatically canceled after 2 (two) months of expiration. Once any free trial period has been completed, if the Customer expressly confirms the will to use the Platform  Mailster, it is required to pay the periodic fee in advance based on the contractual form it has chosen to adhere to. Access to the Platform  Mailster may be suspended until payment is actually received. If purchased by the Customer, the costs or fees relating to additional ancillary services with respect to the Platform will also be charged  Mailster.

8.4 - Transfer of the Contract.  Mailster will have the right to assign or otherwise transfer the rights and obligations contained in this Agreement to third parties; the Customer, in collecting consent to the processing of personal data, undertakes to adequately communicate this eventuality to its customers. The Customer will have the right to assign and in any case transfer the rights and obligations deriving from this Agreement, subject to the written consent of  Mailster, by filling in the appropriate document available in the Console and sending it, duly signed, to  Mailster. In any case, in accordance with the provisions of article 1408 of the civil code,  Mailster declares in advance not to release any transferring Customer and to retain the right to act against him if the transferee fails to fulfill the obligations assumed. In the event that the Customer does not fulfill the obligations provided for in this art. 8.4,  Mailster may, at its sole discretion:

(i) Terminate the Contract by right without having to return anything to the Customer for any service not used pursuant to art. 8.7;

(ii) Demand payment of the sum of € 100.00 as administrative expenses for the management of the withdrawal procedure.

8.5 - Methods of processing customer data. Insofar as it may be necessary, it being understood that according to current legislation, personal data is any information relating exclusively to a natural person, the Customer acknowledges that  Mailster will process the data (including those relating to its delegates and persons in charge designated by it to manage relations with  Mailster), pursuant to current legislation and, as indicated in the Privacy Policy pursuant to Article 13 of the Privacy Code, without the need to acquire an express consent from the Customer (pursuant to Article 23 of the Privacy Code) because, inter alia , the processing of such data is necessary to execute a Contract of which the Customer is a party, solely and exclusively for the performance of the services listed in this Contract.

8.6 - Validity of modifications and / or additions.  Mailster may unilaterally modify the Terms of Use and the User License Agreement. Any changes will be effective from the moment in which the new version of the same Terms of Use and / or of the User License Agreement is accepted online by the Customer and the subsequent use of the Platform.  Mailster is intended as acceptance of the same changes and / or additions by the Customer. In the event that the Customer does not intend to accept the changes and / or additions referred to above, the same must communicate it to  Mailster, which reserves the right to terminate the Agreement.

8.7 - Express termination clause. This Agreement will be automatically terminated pursuant to article 1456 of the civil code, with simple written communication to be sent also by e-mail and / or certified e-mail, in cases of non-fulfillment of the essential obligations contained in articles 2.4 - Consent of the recipients of the messages, 4.2 - Consideration, invoicing and payments, 8.4 - Transfer of the contract; 9.1 - Model 231 and if the Customer is placed in liquidation or subject to insolvency proceedings. The termination of the Contract, for the cases agreed above, will take place by right upon receipt by the Customer of the communication with which  Mailster declares to make use of the express termination clause. In any case, the right to  Mailster to demand payment of the fee for the entire agreed period and / or to withhold it in full even if not fully used.

8.8 - Validity of the contractual clauses. The clauses of this Agreement are understood to be fully in force and accepted by the Customer even in the case of non-onerous and / or temporary use of the functions provided for any reason by  Mailster.

8.9 - Tax charges. Any tax burden deriving from the execution of the Contract, including any taxes for advertising activities, is charged to the Customer.

8.10 - Applicable law and competent court. This Agreement is governed and interpreted according to Italian law, and the Parties expressly agree that any dispute regarding the validity, effectiveness, interpretation and execution of this Agreement will be subject to the exclusive jurisdiction of the Court of Cremona.

8.11 - Final clauses. This Agreement, of which all the annexes indicated are an integral and substantial part, abrogates and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties and concerning the object referred to in this Agreement.

The circumstance that one of the Parties does not promptly assert the rights recognized by one or more clauses of this Agreement, can never be understood as a general and tacit waiver of the rights and duties established in the clause, nor will it prevent that party from subsequently claiming the punctual and rigorous observance of each and every contractual clause.

The Parties agree that: (a) communications in electronic format are considered as "written" when the applicable legislation requires the so-called "written form" as necessary; and (b) the electronic evidence is admissible in court or in any other quasi-judicial proceeding between the Parties.

If one or more clauses of this Contract are declared null or ineffective by the competent judicial authority, the remaining Contract will continue to be valid between the Parties, unless said clause constituted a decisive reason in the conclusion of this contract.

Section 9. Organization, management and control model

9.1 - Model 231. The Customer acknowledges that  Mailster has adopted its own code of conduct (the "Code of Ethics") and an organization, management and control model (the "231 Model") in compliance with the principles and guidelines provided for by Legislative Decree no. 231/2001 (the "Decree 231"). The adoption of Model 231 has the purpose of preventing the commission of the offenses envisaged by the aforementioned Legislative Decree and of avoiding the application of the related sanctions. A copy of the Code of Ethics and Model 231, of which the Customer declares to know the contents, is available on the website of  Mailster. Failure to comply with the provisions contained in the Code of Ethics, Model 231 or Decree 231 constitutes a serious and legitimate breach of contract  Mailster to terminate the contract with immediate effect, pursuant to art. 8.7 of this Agreement, without prejudice to the right to compensation for damages.

Antispam policy

Your Privacy is protected by Mailster

What does it mean for you?

• The sender of the email you received purchased a service with Mailster  relating to the sending of newsletters which commits him to respect some rules.
• The manager of this mailing list can only send you emails to which you have given explicit and prior consent upon reception.
• You can unsubscribe easily and confidently at any time, in maximum two clicks.

What is Mailster?

• Mailster is a mailing software, like Outlook, for sending newsletters, developed by DigiFe and Next-Data.
• Every day it is used in Italy and abroad by thousands of customers.

What does Mailster do against Spam?

• Email addresses are not shared, sold or rented by Mailster. Each customer is required to upload their own list so compliant with legislation.
• Mailster  is not authorized to disclose or modify the databases uploaded by customers to the system.
• Mailster  has a AntiSpam policy very strict which provides, in case of spamming by our customers, the suspension of the service.

How can I report abuse?

The Mailster team constantly monitors the activity of its customers to ensure compliance with the rules and the absence of abuse. If you believe you are the victim of abuse or a spam incident:

• If you do not receive an answer, please contact our customer service directly at info@digife.it. Describe the incident in detail, attach the offending communication and specify if you want to remain anonymous.

Your report will help us to verify the possible breach of contract by the user of the Mailster service. Sending spam with the Mailster system violates the legal contract signed between the customer and the supplier (Mailster  .): in some cases there is a penalty. We do not clean up our customer lists. If you do not want to indicate the recipient of the email, I just have to provide the MAIL-FROM address and / or the X-Rpcampaign header (containing customer + sending block, ex: X-rpcampaign: Mailster201409101029060164)

How can I unsubscribe?

The safest way to unsubscribe from a Mailster customer's list is to click on the unsubscribe link (or similar) at the bottom of each email received.

• If the unsubscribe link is missing or it is not working (returns error), report the abuse to Mailster immediately, see the previous paragraph.
• If you receive a lot of spam emails from different companies, it could be due to your address being registered in a database sold online. In this case, we suggest you ask the sender to know theorigin of your data, in order to trace the root of the problem. The Privacy Guarantor makes a profit available template.

How to block a Mailster customer?

Each Mailster customer has its own envelop-sender (MAIL-FROM, i.e. Return-Path: in the header). This identifier is unique for the customer who cannot change it. The envelope-sender can then be used to easily block a single Mailster customer, without blocking other legitimate customers. Notify the abuse desk abuse@Mailster.com so that the activity of sending spam is also blocked on the Mailster side.