Terms and conditions
The following conditions are applicable to contractual relationships between:
−Ocusfocus.it Castoldi Paolo, with registered office in Via Giovanni Verga, 27 20099 Sesto San
Giovanni, Milan, later called Ocusfocus,
- and any natural or legal person, consumer or professional, of private or legal right
public, hereinafter referred to as "the Customer".
Technical assistance: takes care of supporting the customer upon installation e
while using the service purchased.
Customer: natural or legal person, consumer or professional, of private or legal right
public, contractor of the general and particular contractual conditions for Ocusfocus services.
Accident: service problem or malfunction.
Estimate: descriptive statement communicated by Ocusfocus, at the request of the Customer, containing the
rates applicable to future transactions to be carried out.
Diagnostics: research carried out by Ocusfocus, at the Customer's request, to identify
possible service problems with the service.
Customer ID: Customer account for all services subscribed to Ocusfocus,
which allows access to the management interface (s).
Management interface: "Manager" space accessible from the E-commerce site and / or Plesk Panel
and / or Management panel by the Customer following identification by entering the
own customer ID and associated password.
ARTICLE 1: OBJECT
These general contract conditions govern the supply and costs of the services provided by
Ocusfocus to its Customers and must be integrated with the particular conditions of the individual services.
ARTICLE 2: OBLIGATIONS OF Ocosfucus
2.1.Ocusfocus undertakes to comply with all legal and regulatory provisions as well as the
technical provisions governing the services offered.
2.2. Ocusfocus also undertakes to keep the services functioning, except in the cases referred to in Article 3.
ARTICLE 3: EXEMPTION OF RESPONSIBILITY OF Ocusfocus
3.1. Ocusfocus will not be held responsible for the non-performance of the service related to
service provision in the following cases:
A - force majeure pursuant to art. 1218 c.c. (fire, explosion, lack of the networks of
transmission, plant collapse, epidemic, earthquake, flood, electrical failure, war,
embargo, demand or requirement of any government, strike, boycott, pandemic, or
any other circumstances beyond the reasonable control of Ocusfocus), or
impossibility occurred pursuant to art. 1256 of the Civil Code, both applicable to the
present contract. In such cases Ocusfocus undertakes to immediately inform the Customer of the
occurrence of one of the aforementioned events and is exempt from the execution of one's obligations
within the limits of said impediments, limitations or difficulties. The customer will therefore be exempted
from the performance of its obligations relating to these services.
If the effects of a force majeure event last for more than 30 days -
starting from the relevant notification - each party may withdraw from this contract without it
right to any compensation and / or reimbursement from the other party;
B-fact and fault of the Customer, and in particular:
. deterioration of the application;
. non-compliant and negligent use of the terminals by the Customer and / or its customers;
. disclosure or unlawful use of the password communicated to the Customer;
. partial or total destruction of information transmitted or saved as a result of errors
imputable directly or indirectly to the Customer.
In the event of malfunction of the service attributable to the Customer's fault, all repairs
resulting from this will be charged to the latter;
C-temporary or definitive interruption of the service ordered by the administrative authority and / or
D- service discontinuity due to bandwidth fluctuations and / or supplier criticality
3.2. Ocusfocus does not intend to save the data stored by
Customer, who must, consequently, take all necessary measures to safeguard the
ARTICLE 4: CRIMINAL CLAUSE
Pursuant to and for the purposes of art. 1382 of the Civil Code, in the event of non-fulfillment by Ocusfocus,
the latter will be required to pay the customer a sum equal to the lesser amount between:
a) the amount of the sums actually paid by the Customer to Ocusfocus, for the
period considered or invoiced to the Customer by Ocusfocus and,
b) the amount of the sums corresponding to the price of the service, for the part of
service for which the responsibility of Ocusfocus has been proven.
The indemnifiability of further damage remains in any case excluded.
ARTICLE 5: CUSTOMER'S OBLIGATIONS AND RESPONSIBILITIES
5.1. The Customer, by signing this contract, declares to know and accept all of them
the clauses contained therein.
5.2.The Customer assumes responsibility for unequivocal declarations of his personal data and
5.3. Passwords provided by Ocusfocus for access to services are personal.
Therefore, the Customer is solely and exclusively responsible for them, as well as their use
illicit or fraudulent, even by collaborators and / or employees of the Customer. The customer is
bears the costs of any password change. In case of loss, the
Customer must immediately notify Ocusfocus.
5.4.The Customer undertakes to comply with all the provisions of law and regulations in
subject matter, as well as to respect the rights of third parties and to forward them to the Guarantor Authority for the
protection of personal data the information requested.
5.5. The Customer is responsible for stipulating the necessary insurance to guarantee damages
arising from the conclusion of this contract or its execution.
5.6. The Customer undertakes to release Ocusfocus from any damage request
received from third parties due to the activity carried out using the Ocusfocus services.
5.7.The Customer must immediately notify all changes to his data.
5.8.The Customer declares to take the authorship of what has been done using the Ocusfocus services.
Non-compliance by the Customer with the provisions of the general terms and conditions
special conditions, involving the appearance of a civil and / or criminal offense will entail the right
of Ocusfocus to interrupt, immediately and without notice, the services to the Customer and
terminate the contract immediately, without prejudice to the right to obtain compensation from all
damage that Ocusfocus suffers.
5.9. The Customer undertakes to release Ocusfocus from any request for damages sent to
the latter by third parties.
ARTICLE 6: TECHNICAL SUPPORT
Ocusfocus provides the Customer with the following website:
This site, in addition to containing the necessary references to get in touch with the staff of
• references to contact Ocusfocus Technical Assistance;
• the coordinates of the service for requesting additional services with respect to those included in the
contract signed by the Customer, to be considered the object of separate billing.
In case of malfunction of the Service, the Customer must first consult the
documentation and technical tests indicated by Ocusfocus. In case of non-resolution
of the malfunction found, the Customer will have to open an "accident" ticket through
the E-commerce Customer interface
6.2. "Accident" communication procedure
To open an "accident" ticket, the Customer must complete the specific form available on
E.commerce site from the client panel, from its management interface, in the same section in the
which will also find the previous tickets containing the information exchange
electronic devices between the Customer and Ocusfocus.
The Customer must follow the indications provided by the Ocusfocus support to allow the best
realization of the Diagnostics.
Therefore, the Customer expressly authorizes Ocusfocus to connect to its service and to perform
all the operations necessary for the elaboration of a Diagnostic both at hardware level and at level
Ocusfocus reserves the right to refuse to carry out any intervention if it detects that the
Customer uses the service in violation of the general and particular conditions of the contracts
subscribed or the laws and regulations in force.
6.3. Taking charge of the Incident and processing of Diagnostics
Once the "incident" ticket has been opened, Ocusfocus will need to perform a Diagnostic so as to
identify the origin and the cause of the malfunction found. If Ocusfocus determines that
the malfunction is due to its responsibility, the cost related to the realization of the
Diagnostica will be fully hired by Ocusfocus in accordance with the contractual terms
applicable to the Service.
On the contrary, if the Diagnostics shows that the Incident is not the responsibility of Ocusfocus or
does not confirm the existence, the Customer will be charged the relative costs on a flat rate basis.
6.4. Resolution of the Malfunction
Ocusfocus will communicate the cause of the malfunction and will indicate the technical solutions to the Customer
to be made to resolve the problem encountered.
For the resolution of the malfunction, not attributable to Ocusfocus, the latter will send
to the Customer the estimate corresponding to the cost of the resolution operations.
6.5. Terms of payment
The amounts due for technical assistance will be invoiced the following month
intervention carried out.
If the intervention is carried out near the expiry of the contract to which the intervention of
reports, all the sums due, including those for Technical Assistance, will be invoiced
If the cost of an intervention is not paid, no other costs will be paid.
ARTICLE 7: MODALITIES OF ACTIVATION, RATES AND PAYMENT OF THE SERVICE
Services will be activated within ten days of payment. In case of failure
activation within the aforementioned term, for reasons attributable to Ocusfocus, the Customer has the right to
terminate the contract and get a refund of the amount already paid.
The rates in effect for the various services offered by Ocusfocus are available for
online consultation on the E-commerce site
The services or services ordered are shown on the order form; they are exempt
by tax in accordance with the mandatory flat rate and are payable only in euros.
Ocusfocus reserves the right to change service costs at any time. In the case of
the new rates are less advantageous for the Customer, Ocusfocus will inform it by post
electronic or online notice on the site thirty days before the change becomes effective. The
Customer, within the following thirty days from the communication, may withdraw from the present
contract, without penalty, giving notice to Ocusfocus by registered mail
a.r .. In the absence of the notice of withdrawal the new rates will be considered accepted by the
Ocusfocus reserves the right to charge all new taxes immediately
or any amount resulting from the increase of any tax.
Any dispute regarding invoicing must be sent by e-mail
at the address firstname.lastname@example.org a month from the issue of the invoice.
Fees can be paid:
- online by credit card at the time of conclusion of the contract;
- by bank transfer.
Ocusfocus will confirm to the Customer the receipt of the purchase order and payment, as well as the
will inform you by e-mail of the order being processed.
In the event of renewal, payment must be made within fifteen days of expiration.
Failing this, the service will remain suspended for the next fifteen days, at the end of which, in
payment defect, the service will be permanently interrupted.
The service has the expected duration in the purchase order. The data will be deleted upon completion
Ocusfocus undertakes to make a minimum of 2 notices by e-mail before it expires
of the service.
7.5. Service renewal
Ocusfocus will notify the Customer, via e-mail, of the expiry of the contract
allow the Customer to pay for the renewal of the service.
ARTICLE 8: EFFECTIVENESS AND TERMINATION OF THE CONTRACT. SUSPENSION ED
8.1. Effectiveness of the contract
The contract will lose its validity by the deadline set in the contract. The contract can be renewed
via the E-commerce site, purchasing the same product again, even from the purchase history
with the payment by the Customer of the corresponding price, pursuant to article 7.
8.2. Termination of the contract
In all cases of non-fulfillment of one of the partial own obligations, which is not placed
remedy within 7 days of notification of the breach to the other party, the contract will be terminated
by right, without prejudice to all damages attributable to the defaulting party.
8.3. Service suspension
If necessary, Ocusfocus reserves the right to suspend the service to proceed with a
technical intervention, in order to improve its operation or for a maintenance operation.
The service may also suffer limitations or suspensions if Ocusfocus receives
communications to this effect from the competent administrative, arbitration or judicial authority, or
a warning from a third party who complains about the violation of their rights, in accordance with
the provisions of Legislative Decree 70/2003.
8.4. Service interruption
Ocusfocus reserves the right to interrupt the service provided to the Customer if the methods of
use of the same involves a danger for the maintenance of safety or stability
of the Ocusfocus infrastructure. Within the limits of the possibilities, Ocusfocus will inform the
ARTICLE 9: PERSONAL DATA
Ocusfocus informs the Customer that his data are registered and are being processed in accordance with the
Legislative Decree 196/2003.
The Customer has the right to access, modify, correct and delete his / her data collected pursuant to
of Article 7 of the aforementioned Legislative Decree 196/2003, by contacting Ocusfocus at the address email@example.com
ARTICLE 10: RIGHT OF WITHDRAWAL
10.1. The Customer may withdraw from this contract within ten days of payment for the service,
by sending a registered letter a.r. to Ocusfocus. In this case the amount paid will be returned.
However, the Customer (also the "consumer" pursuant to the Consumer Code) accepts that, in the event of
execution started before the expiration of ten days from the signing of the contract, will not be able
plus exercise the aforementioned right of withdrawal.
10.2. Each party may withdraw from this contract, without paying any penalty, in the
cases provided for by art. 3.1.
10.3. Finally, the Customer may withdraw from the contract, before the expiry date, giving it
communication by registered letter a.r. to the address: Castoldi Paolo, Via Giovanni Verga, 27
20099 Sesto San Giovanni (Milan) In this case, however, the Customer cannot claim the
reimbursement by Ocusfocus of the amounts already paid.
10.4.The right of withdrawal cannot be exercised in the case of renewal of the contract.
SPECIFIC CONDITIONS OF WEB HOSTING SPECIFICATIONS
ARTICLE 1: OBJECT
The present general conditions concern the definition of the technical and financial conditions according to which Ocusfocus undertakes to provide hosting services on its own server platform for the customer's Internet service.
The special conditions specify the different subscription options in view of the preparation by Ocusfocus of the space reserved for the customer on the platform.
The customer expressly acknowledges that Ocusfocus does not participate in any way, pursuant to this contract, in the conception, development and implementation of the customer's website as well as its IT management and administration tools unless specifically requested by purchasing the specific service in added to the hosting service.
ARTICLE 2: RESOURCES
The Ocusfocus server platform is accessible to the general public via the internet through stations connected to it.
Ocusfocus guarantees access to the website with reasonable frequency and access to emails with reasonable usage conditions.
In the event that access to the service should not be maintained for reasons of traffic exceeding the capacity of the service, the parties will together decide on the technical and financial changes to the customer's hosting conditions.
ARTICLE 3: TECHNICAL SUPPORT
Ocusfocus provides the customer with technical assistance under the conditions set forth in the general service conditions:
ARTICLE 4: CONDITIONS OF REALIZATION AND BILLING OF SERVICES
Ocusfocus sends the customer an e-mail confirming the opening of the service and provides him with access codes to the space reserved for his site on the Ocusfocus service.
The date on which the site's hosting codes are sent indicates the initial date on which billing takes effect.
ARTICLE 5: OBLIGATIONS OF Ocusfocus
Ocusfocus undertakes to bring all the diligence and attention necessary to provide a quality service in accordance with market practices and state of the art. Ocusfocus is not responsible for a means obligation.
Ocusfocus is committed to:
5.1 Ensure access to the server 24 hours a day every day of the year.
In case of service interruption, Ocusfocus will first inform the customer with a reasonable advance by e-mail so that the customer can get organized.
Intervene quickly in the event of an accident.
Ensure the best maintenance of your instruments.
5.4 Give the customer the possibility to limit access to his site (or part of his site).
5.5. Protect your server platform.
ARTICLE 6: Ocusfocus RESPONSIBILITIES
Ocusfocus reserves the right to interrupt the connection to the Internet of the rented server to the customer, if this server constitutes a danger for maintaining the security of the Ocusfocus infrastructure, due to a server breach, or following the discovery of a criticality system security, or the need to update the server.
Ocusfocus will inform the Customer in advance, to the extent possible, with a reasonable notice about the nature and duration of the interruption, so that the Customer adopts the appropriate measures. Ocusfocus undertakes to re-establish the connection when the corrective actions have been carried out by the Customer.
Ocusfocus will in no way be held responsible for the content of the information, sound, text, images, form elements, data accessible on the sites certified on the Customer's server, transmitted or put online by the Customer.
Ocusfocus cannot be held responsible for the partial or total non-fulfillment of an obligation and / or for the failure of the operators of the data transport networks to the Internet world, with particular reference to its or its access providers.
Ocusfocus will not be held liable with respect to the customer if his service has been infected by a virus.
Ocusfocus will not be held responsible for a disruption that has as its origin a wrong use by the customer.
As a result, Ocusfocus advises the customer to activate a backup system that is personally executed.
7.1 The customer undertakes not to lodge prostitution sites or pornographic, racist or illegal content; similarly, sites that have direct links to sites of this kind are also prohibited on the Ocusfocus servers.
In the same way, the hosting of sites on whose pages the typical characteristics of proselytizing relating to sectarian movements or considered as representative of a sectarian risk for the State or recognized as such by a sentence having authority of res judicata is prohibited.
The customer also undertakes not to redirect his domain to these types of sites.
The customer undertakes not to make sound files encoded in MP3 or other format available to the public, starting from his / her website on the Ocusfocus server. Likewise, he undertakes not to include hypertext links on his website and not to redirect his domain to sites that broadcast this type of service.
The customer is responsible for respecting the volume of traffic and the storage space granted by the hosting formula and the options it has subscribed to.
The customer is informed that the publications that constitute intellectual property are protected by national and international copyright laws.
The customer assures Ocusfocus that it is the holder of all intellectual property rights relating to the content on all pages hosted, that is to say all of reproduction, representation and dissemination rights relating to internet support, for a period determined in principle.
The customer acts as an independent entity and consequently assumes individually all the risks and dangers of his activity. The customer is solely responsible for the services of his website, the content of the information transmitted, disseminated or collected, their exploitation and updating, as well as all the files and especially the address databases. The customer undertakes to respect the rights of third parties, the rights of the personality, the intellectual property rights of third parties such as copyrights, patent or trademark rights. Of
consequently, Ocusfocus cannot be held responsible, for whatever reason, for the content of the information transmitted, disseminated or collected, their exploitation and updating, as well as all files and in particular address databases.
Consequently, the customer declares to fully accept the legal obligations deriving from the ownership of his services. Ocusfocus may not be subjected to investigation or attack in this regard, for any reason and in particular for the violation of the laws and regulations applicable to the customer's services. The customer declares to have obtained all the necessary authorizations regarding copyright, in particular from the copyright distribution companies, which are required. The customer undertakes to display the identity and address of the owner or author of the pages on the web pages of his website
web and to make all the requests necessary for the creation of its website, in compliance with the Italian law in force.
Failure by the customer to comply with the aforementioned provisions - with reference to the site hosted on the Ocusfocus server platform which with reference to a redirection of its domain to a site of this type - and in particular all activities expressly prohibited from starting from Ocusfocus's servers and / or all the diffused contents expressly prohibited on Ocusfocus's servers and / or susceptible to damage to the rights of a third party, will entail the right of Ocusfocus to disconnect or interrupt without warning and without prior notice
defaulting on the client's services and terminating the contract immediately and without any prejudice to Ocusfocus's right to claim all damages-interests. In this hypothesis, the customer cannot claim from Ocusfocus any refund of the sums already paid.
The customer undertakes to comply with all the provisions of law and regulations in force and in particular those relating to information technology, files and freedoms, and in particular to make all declarations relating to the processing with the guarantor for the protection of personal data. The customer, on the other hand, undertakes to take out all the necessary insurance, with a leading insurance company, in order to cover all the damages that would be attributed to him under this contract or his execution.
linked to the content of the information transmitted, diffused, reproduced and in particular by those deriving from a damage to the rights of the personality, to a property right linked to a patent, to a trademark, to designs and models, to the rights of author or those that derive from an unfair or parasitic competition activity or from an injury to public order, to the rules of ethics that govern the Internet, to morality, to respect for private life (right to image, secret of correspondence ...) or to the provisions of the penal code: for this reason, the customer will indemnify Ocusfocus for all expenses, costs and
charges that it will have to bear as a result of these facts, including the expenses and fees of Ocusfocus legal advisors within the limits of reason, even following a non-final judgment.
The customer undertakes to pay directly to the complainant all the sums that this will require from Ocusfocus. Furthermore, at the request of Ocusfocus, the customer undertakes to intervene in all proceedings brought against Ocusfocus as well as to guarantee it from all the convictions that will be imposed on it for this reason. Consequently, the customer undertakes to take over from Ocusfocus in all claims and / or procedures, whatever the form,
the object or nature that will be brought against Ocusfocus and that will be linked to the obligations imposed on the customer pursuant to this contract.
The customer, solely responsible for the content of the site, undertakes to ensure the defense of Ocusfocus at his own expense should it be the subject of a claim concerning the data, information, messages etc. which it disseminates, as well as to pay the indemnity due as compensation for any injury suffered, provided that it has all the freedom to compromise and conduct the procedure.
The customer undertakes to activate the rescue equipment necessary for the safety of his activity.
Ocusfocus provides hosting plans that allow the use of scriptsCGI, PHP, MYSQL and other executable programs. Such scripts use much more system resources than simple pages and the limitations below therefore apply to the use of these functions.
The customer has the possibility to create and execute his own CGI, PHP and / or SQL independently. This use must be reasonable. In any case, in order to provide a good quality service, we reserve the right to interrupt the execution of certain CGI, PHP, SQL and / or the site if these occupy excessive server resources and put at risk, regardless of the five below limitations, the proper functioning of the Ocusfocus server.
Ocusfocus will do its best to advise customers who use scripts that use too much of the system's resources before suspending them.
On the contrary, if the scripts cause problems to other customers, or occupy excessive resources, they can be stopped without warning.
The customer is warned that the use that does not comply with the above indications can, by its very nature, make the operation of the site on a shared server incompatible and expose the site concerned to the risk of a suspension without notice aimed at guaranteeing a quality acceptable service to all server customers. The customer will then be invited to opt for a dedicated hosting contract.
The scripts must under no circumstances interact with the server or hardware configuration. The execution of such scripts may result in the immediate cancellation of the customer's account. Consequently, the following criteria will be used to evaluate the reasonableness of the use of scripts in reference to a service:
- number of web requests per day (html, php, cgi, jpg, gif and others)
- use of the machine processor ("CPU") (‹60 seconds with 100% CPU)
- RAM usage (‹80 Mo per second)
- access to a sql server with 3 simultaneous (request / session) connections (Ocusfocus recommends that you establish short connections and close them after use)
- for other reasons not defined by the present, but which, according to Ocusfocus's judgment, would risk endangering the Ocusfocus IT system. The customer will be required to communicate to Ocusfocus the reason why he uses the scripts.
Notices are sent automatically when one of the 5 criteria above is violated and the customer is therefore required to confirm the correct receipt of this notice by return e-mail, as well as a good understanding of the request made by Ocusfocus.
If the customer does not confirm this email within 12 hours, Ocusfocus reserves the right to close the site without notice.
Data transfer must be performed via the anonymous FTP server, where possible.
7.3 The use of SPAM is completely forbidden
The customer undertakes not to use email systems to send messages in large numbers (SPAM) or to subjects who do not wish to receive them. In this respect, Ocusfocus reserves the right to install programs on its servers to prevent this practice.
In the event of a complaint from someone (customer or non-customer) regarding an e-mail sent:
- from an installation at Ocusfocus
- or that involves the URLs of sites hosted at Ocusfocus
In the event of failure to comply with this commitment for a period exceeding 5 days, the customer acknowledges that Ocusfocus has the right to limit, restrict, interrupt or permanently suspend all or part of the service and even to definitively terminate the contract in the event of failure. compliance with spamming warnings sent via e-mail to the customer.
7.4 The customer undertakes to keep a copy of the data transmitted.
ARTICLE 8: DOMAIN
The customer is informed that a domain can be preferentially linked to his hosting service. In this way, depending on the situation, it may be necessary to modify the domain defined previously. The customer is informed that he must be the owner of the domains in question or have the agreement of the owner for the duration associated with the contract.
ARTICLE 9: Duration of Hosting services
The Customer is informed and acknowledges to Ocusfocus that the duration of the Hosting services is considered equal and not less than 12 months from their activation, regardless of the payment and billing method.
Ocusfocus accepts all credit or debit cards from the Visa and Mastercard circuits.
Payment by card takes place on the PayPal interface in the shopping cart.
After confirming your order, click on the Paypal icon to be redirected to the payment interface.