Each term mentioned below will have in these General Conditions of Sale of the Services of Intractor.com owned by Isodigital s.r.l. (hereinafter referred to as "GCS") the following meaning:
"Ad": indicates the set of elements or data (images, texts, sounds, photographs, drawings) inserted by a Customer or a Partner under its exclusive editorial responsibility, with the purpose of buying, renting, selling or looking for a good disseminated on the Website and on the Applications related to the same.
"Advertiser": means an advertiser, professional and/or non-professional, holder of an Account. An account is defined as "Professional" or "non-Professional" based on the scope in which the Advertiser, account holder, professional or non-professional uses the Services.
"Professional Advertiser": indicates a professional, specialized above all in the sale and/or rental of goods, holder of an Account, in the context of his working activity (e.g.: dealer, distributor, hirer, builder or reseller).
"Non-Professional Advertiser": indicates a natural or legal person, owner of an Account, whose main activity does not consist in the sale or rental of goods (e.g.: farmer, private individual, etc.).
"Applications": indicates the web app application, allowing Users and Advertisers to access some of the Intractor.com Services.
"Order": means the subscription to an AP Service by an Advertiser.
"Account": means the personal space created by the Advertiser on the Website for the purpose of using the AP Services and from which the Advertiser publishes his Advertisements, views his Advertisements being published and places Orders from the Website, as described in article 4 of the GCS. The Advertiser's Account is strictly personal and cannot be transferred or assigned to third parties without prior written agreement from AP.
"Login Data": indicates the e-mail address and password chosen by the Advertiser when creating his Account which allow the Advertiser to be identified.
"AP": Isodigital s.r.l. company that publishes and manages the Intractor.com website and related applications. Based on the geographical location of your company, the order will be concluded with:
Isodigital s.r.l. C/da Piano Cappelle, 76 – 82100 Benevento ITALY - VAT number 01791510629
"Multicasting of Ads": means the service that allows a Client to broadcast an Announcement published on AP's Internet Sites to one or more online announcement Internet sites managed by AP's Partners, selected by the same Client, occasionally or frequently, in Italy or abroad.
"Packages": indicates the offers of services marketed by APP described in article 5 "Description of AP Services" of these GCS.
"AP Services": indicates the Intractor Packages and Products managed and marketed by AP, governed by these GCS.
"Partner Offer": indicates an offer of services proposed and implemented by an AP Partner promoted on the Internet Sites. AP is external to the business relationship that may arise between an Advertiser and an AP Partner. In this sense, AP cannot be held responsible for any claims deriving from the commercial relationship established between an Advertiser and an AP Partner.
"Partner": means a third party company with respect to AP, which has entered into a partnership with AP to promote its services and/or products on the Sites through Partner Offers.
"AP Commercial Service": indicates the AP commercial service made available to Users and Advertisers on the Websites and Applications, available via email info@affaretrattore.it, to place an Order and/or obtain a quote based on AP services requested by the Advertiser and/or the User.
"AP Customer Service": means the Website customer service, to which the Advertiser can contact to obtain any additional information. This service can be accessed by clicking on the "Contact Us" link located on the Website and the web app.
"Internet Site": indicates the Internet Site managed by AP accessible mainly through the Dealer URLs and related extensions, and which allow the Advertiser to access the AP Services via an Internet network, create and access their Account and access and disseminate the Announcements.
"User": indicates a visitor who has access to the MB Services through the Internet Sites and/or Applications and who consults the Services accessible from the various supports.
The GCS define the contractual conditions applicable exclusively between AP and an Advertiser, in the context of subscribing to AP Services, in particular for publication on the Websites and Applications.
3.1 Orders placed by an Advertiser require acceptance of the GCS, which entails the renunciation of the same to use its general conditions of purchase.
In the absence of express authorisation, any condition that does not totally or even partially comply with the GCS cannot be enforced against AP, regardless of the moment in which AP became aware of it.
The fact that AP does not make use of any of the provisions of the GCS at a given moment cannot be interpreted as its waiver of further making use of any of the aforementioned conditions.
The additions, deletions, modifications or deletions of clauses regarding these GCS must be countersigned by AP to be opposable to the same.
3.2 The Client acknowledges that these GCS represent and express the entirety of the Client's and AP's obligations; consequently, they cancel and replace any previous agreement, correspondence or written document relating to the same subject stipulated between the Customer and AP upon signing these GCS.
Orders (in particular Publication of Ads, Option(s) of visibility, Subscription to Services) placed by an Advertiser are not assignable or transferable without AP's agreement.
No refund is possible after AP has confirmed an Order placed by the Advertiser.
The placing and confirmation of an Order by the Advertiser can be performed by:
your Account and the Website,
the AP Commercial Service email info@affaretrattore.com
AP offers Professional Advertisers various types of packages which vary according to the volume of advertisements and the duration of the services.
Rates are available by contacting the AP Commercial Department.
AP offers the following Products to Advertisers, it should be noted that the list of Products marketed by AP is provided for information only and is not exhaustive. The Advertiser acknowledges that each order of Products, in particular Products not indicated in the list below, is subject to these GCS.
The rates of the Products may vary according to the Products, the selected AP site and/or the countries.
Publication of Announcements
The applicable rates for Advertisement Packages are available by contacting the AP Commercial Service.
The rates for the publication of Announcements are available on the Website.
In any case, the applicable rates for the Packages and for the unitary Announcements are those in force on the day the order is placed.
The Announcement will be published within a maximum period of seventy-two (72) hours from its insertion or from the receipt of payment for online orders.
The Advertiser acknowledges that his Advertisement may be removed or suspended by AP without being able to claim any financial compensation.
Advertisers will receive a confirmation email every two (2) months from the date of the first publication of the Announcement to verify that the property is still available for sale. This confirmation by the Advertiser allows you to extend the publication of your ad. In case of non-confirmation and/or non-renewal of the Advertisement upon expiry of the two-month period, the Advertisement will be removed
In case of sale of the proposed property during the publication period, the Advertiser undertakes to eliminate his Advert as quickly as possible.
Professional Advertisers can subscribe to Visibility Options only with credits.
"Multicasting of Ads"
To take advantage of this service, the Professional Advertiser who has subscribed to a Package is required to have an Account and to be registered on the Internet Partner site/s on which he/she wishes to publish their ads.
The rates for the service are available by contacting the AP Commercial Department.
Since AP is external to the relationship between the Advertiser and the Partner, it assumes no liability to the Advertiser under this service. In the event of a dispute, in this case regarding the publication of an Advertisement, the content of an Advertisement, billing, and/or the services made accessible on the Partner's Site, the Advertiser must contact the Partner directly and may in no case charge the responsibility to AP. In the event of termination of business relations between AP and one of its Partners, the multicast service with such Partner will be terminated and the Advertiser will no longer be billed for the service. AP cannot be held responsible for the transfer of the commercial relationship, which will not entitle the Advertiser to any financial or any other kind of compensation.
6.1 The rates applied are those in effect on the day the Advertiser places the Order. AP reserves the right to change its rates at any time.
6.2 Any promotional rates apply only at the time of the first subscription, unless otherwise specified in the online Order form. If an Advertiser takes advantage of special conditions, these cannot be combined with other special conditions offered on the Site or on a Partner Site.
7.1.1 Payment is due upon order confirmation; payment can be made:
by credit card from the Website;
by bank transfer;
by bank receipt: this means of payment is not available for online orders;
7.1.2 Following any late payment, AP has the right to suspend the Order in addition to being charged a late penalty.
7.1.3 The Customer is liable for taxes, fees and commissions resulting from the use of the Site. AP is exempt from any liability for taxes on transactions made on the Site.
7.1.4 An invoice is generated for each Order and sent in accordance with the law relating to electronic invoicing.
The customer is free to update his Order at any time, respecting the conditions below.
If the customer wishes to modify his Order to increase the number of advertisements and/or services, the update of his Order will be active immediately after validation of the new AP contract.
If, on the other hand, the customer wishes to modify his Order to reduce the number of advertisements and/or services, he must notify AP by registered letter with acknowledgment of receipt, respecting a notice period of six (6) months. No refunds will be due.
After AP has validated an Order placed by the Advertiser, no refund will be possible.
In the event of deletion of an Ad, the advertiser acknowledges that AP may delete Ads that do not comply with the General Terms of Use, the AP Publishing Rules and/or current regulation. The aforementioned elimination cannot in any case give rise to a pecuniary compensation of any kind from AP.
In case of cancellation of an Account, the advertiser acknowledges and accepts that the cancellation of an Account generates the cancellation of all the associated Advertisements and, consequently, the elimination of all the Visibility Options subscribed for the aforementioned Advertisements, without giving right to any refund or indemnity. The Professional Advertiser acknowledges and accepts that the deletion of his Account also results in the deletion of the associated services, without entitlement to any refund.
By confirming the Order, the Advertiser acknowledges and accepts that AP starts providing the Services and expressly waives its right of withdrawal.
8.1 The Advertiser certifies that the Announcement, whatever its diffusion, and/or the content it inserts inside the showcase complies with all the legal and regulatory provisions in force (in particular relating to advertising, competition, sales promotion, use of personal data), comply with the provisions of these GCS and the publication rules of the AP Services and do not affect the rights of third parties (in particular intellectual property rights, personality rights, etc. ).
The Advertiser guarantees that the content of its Advertisements and/or the content of the showcase strictly complies with the legal obligations governing its activity.
The Advertiser guarantees AP that he is the sole and exclusive author of the text, drawings, photographs, etc. that make up the Announcement and/or the Showcase. Otherwise, you declare that you have all the rights and authorizations necessary for the dissemination of the Announcement and/or the Content of the Showcase.
The Advertiser guarantees to AP that the content of the Announcements and the Showcase does not indicate, directly or indirectly, competitors of the AP Website and/or Application, and/or, where applicable, of the Partner Site/s, and that it does not include references or elements of competitor sites of the Internet Site and/or AP Application and/or where applicable of the Partner Site(s).
Consequently, any Announcement inserted and disseminated on the AP Services and/or any content on the Showcase Site is under the exclusive responsibility of the Advertiser. The Advertiser releases AP, its subcontractors and suppliers, from all liability, guarantees them against all convictions, legal and extra-judicial expenses, which would result from any claim in connection with the Announcement and/or the Content of the Showcase, and indemnifies them from any damage resulting from the violation of this provision.
The Advertiser acknowledges and accepts that AP has the right to eliminate, without notice or indemnity or right of reimbursement, any Announcement being broadcast and/or to suspend the supply of any Showcase that does not comply with the rules for broadcasting the Service and /or which infringes the rights of third parties or which contains illegal content and/or which indicates, directly or indirectly, a competitor of the AP Website and Applications and/or of the Partner Sites.
8.2 The Advertiser undertakes to offer in his Advertisements only available goods in his possession and for which he owns or has been entrusted with the marketing right. The Advertiser undertakes, in the event of unavailability of an asset, to proceed with the withdrawal of the Announcement from the Site as soon as possible.
8.3 In this sense, the Advertiser acknowledges and accepts that for technical reasons, the publication of an Advertisement on the Website and the Application does not take place instantly after its validation, it being understood that only Professional Advertisers who have subscribed to a Package can insert your Ads from the Application.
8.4 The Advertiser declares that he is aware of the extent of diffusion of the Internet Site and/or the Showcase, that he has taken all precautions to comply with the legislation in force in the places of reception and that he releases AP from any liability in this regard.
8.5 The Advertiser accepts that the data collected from the Website and/or from the Verines are stored by the Internet access providers and are used for statistical purposes or to satisfy specific requests from public authorities.
8.6 To be accepted, complaints must describe the problem of the Announcement with the utmost precision, and be forwarded in writing to AP, within a term of eight (8) working days from the date of insertion.
8.7 The Advertiser declares to be aware that in order to access the AP Services he must have Internet access provided by a provider of his choice, for which he bears the costs, and acknowledges that:
The reliability of the transmissions is uncertain due, above all, to the heterogeneous nature of the infrastructures and networks in which they pass and which, in particular, can cause breakdowns or congestion;
It is up to the Advertiser to take all the measures it deems appropriate to ensure the security of its equipment and data, software or otherwise, especially against virus attacks and/or intrusion attempts that it may suffer;
The equipment connected to the Internet Sites are and remain under the total responsibility of the Advertiser; AP cannot be held responsible for any direct or indirect damage that could result from the Advertiser's connection to the Internet Sites.
The Advertiser also undertakes to respect and maintain the confidentiality of the access data to his Account and explicitly acknowledges that each connection to his Account, as well as each transmission of data to and from his Account are considered to be made by the Advertiser.
The loss, hacking or use of access data and any associated consequences are under the total and exclusive responsibility of the Advertiser.
9.1 The GCS come into effect from the acceptance of the Advertiser's Order by AP and are applicable to the entire duration of the subscribed services.
9.2 Each Order is signed, unless otherwise mentioned in the order form, for an indefinite period. The Advertiser is free to unilaterally cancel the order, at any time, by registered letter with acknowledgment of receipt sent to AP, subject to six (6) months' notice. No refund will be possible.
10.1 All intellectual property rights (such as above all copyrights, related rights, rights relating to trademarks, rights of database producers) which concern both the structure and the contents of the Internet Sites and Applications, in particular images, sounds , videos, photographs, logos, brands, graphics, text and visuals, tools, software, documents, data, etc. (hereinafter collectively referred to as "Elements") are reserved rights. These Elements are owned by AP and are made available free of charge to Advertisers exclusively for the purpose of using AP's Services and as part of normal use of its functions. Advertisers agree not to modify the Elements in any way.
Use of the Website and Application Elements without express permission is an infringement of copyrights and constitutes an infringement. It may also involve a violation of image rights, the rights of individuals and any other law and regulation in force, thus engaging the civil and/or criminal liability of its author.
10.2 Advertisers shall not copy, modify, create a derivative work from, reverse engineer, disassemble or in any other way attempt to find the source code, sell, assign, sublicense or transfer in any form any of the rights relating to to the Elements.
The Advertisers of the AP Services undertake in particular to:
do not use the AP Services on behalf or for the benefit of any third party;
not to reproduce quantitatively, for commercial or other purposes, information or Announcements present in the AP Services, on the Website and in the Applications;
not to integrate all or part of the contents of the Internet site and of the Applications into a third party site, for commercial or other purposes;
not to use robots, in particular indexing robots (spiders or crawlers), search or collection applications for Internet sites or other tools that make it possible to collect or index all or part of the contents of the Internet Site and Applications, except in the case of prior written authorization of AP;
not to copy the information on supports of any kind that allow the full or partial reconstitution of the source files.
It is forbidden to reproduce, represent, publish, transmit, use or modify, extract, in whole or in part and in any form, the Elements, without prior written authorization from AP. These illicit acts engage the responsibility of their authors and may lead to the initiation of legal proceedings against them, especially for counterfeiting.
10.3 The AP trademarks and logo, in particular that of Intractor, as well as the trademarks and logos of the AP Partners, are registered trademarks. The total or partial reproduction of these trademarks and/or logos is prohibited without the prior written authorization of AP.
10.4 AP is the producer of the AP Services databases. Consequently, it is prohibited to extract and/or reuse information from the database(s).
10.5 AP reserves the right to avail itself of all possible legal instruments against subjects who do not comply with the prohibitions defined in this article.
Any processing of personal data in the context of these GCS is subject to the provisions specified on the Personal Data page of our site, which is an integral part of these GCS.
12.1 AP cannot be held responsible in the event of failed or inadequate execution of the Order due to reasons attributable to the Advertiser or due to force majeure.
12.2 AP undertakes to use all means necessary to ensure the best possible provision of the AP Services it offers to the Advertiser. Unless otherwise agreed in writing, the services marketed by AP are limited to the AP Services, without prejudice to any other services. AP does not in any way guarantee the achievement of any results desired by the Advertiser as a result of subscribing to such AP Services, in particular following the dissemination of advertisements.
AP cannot be held responsible for the collection of data that will take place without its knowledge, nor for the resulting traceability.
AP cannot be held responsible for interruptions and modifications of the MB Services and/or Internet Sites or Applications, as well as for the loss of data or information stored by AP. It is up to the Advertiser to take all necessary precautions to keep the Advertisements it publishes on the Website.
AP cannot be held responsible, in particular for direct or indirect prejudices or damages, of any kind, deriving from the management, use, functioning, interruption or malfunctioning of the Internet Sites and Applications and/or Services of ap.
AP, its subcontractors or suppliers cannot be held responsible for delays or the impossibility of fulfilling its contractual obligations in the event:
of force majeure,
interruption of the connection to the Website due to maintenance or updating of the information published,
temporary inability to access the Website due to technical problems, regardless of the origin,
of computer attacks or hacking, deprivation, removal or prohibition, temporary or definitive, and for any reason, of access to the Internet.
The Advertiser also acknowledges that based on the current state of the art and in the absence of guarantees from telecommunications operators, the permanent availability of the AP Services and in particular of the Internet sites cannot be guaranteed.
Taking into account the technical requirements related to the architecture of the Website, the indications on the location, the statistics of the visits and the pages viewed by the visitors of the Websites are only indicative. These cannot give rise to claims or requests for compensation of any kind by the Advertiser.
Except in cases of willful misconduct or gross negligence, AP, its subcontractors and suppliers are under no obligation to make compensation, pecuniary or in kind, following errors or omissions in the composition of an Announcement. In particular, such events cannot under any circumstances justify a refusal of payment, even partial, nor give the right to an Announcement charged to AP, or to compensation.
AP reserves the right, subject to 8 days notice, to modify, suspend or terminate the accessibility, in whole or in part, of the AP Services and/or the Internet sites, mobile sites or applications, without being obligated to pay the Advertiser an indemnity, of any kind.
Neither the Advertiser on the one hand, nor AP, its subcontractors or suppliers on the other hand may be held liable for delays, non-performance or other non-performance of its obligations resulting from force majeure. Causes of force majeure are cases considered as such by Italian jurisprudence, as well as total or partial strikes, internal or external to one of the parties, to a supplier or sub-supplier, lockouts, blockages of means of transport or supplies for any reason , fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, blockages of telecommunications facilities, including networks, and any other case beyond the control of the Advertiser, AP, its subcontractors or suppliers and which hinders the normal execution of the AP Services.
These GCS apply from 01/04/2020. AP reserves the right, at any time, to modify all or part of the GCS. Advertisers are invited to periodically consult the GCS to stay updated on the changes made.
If a part of the GCS proves illegal, invalid or unenforceable, for whatever reason, the provisions in question will be considered void, without affecting the validity of the other provisions, which will continue to be applied between the Advertisers and AP. Complaints must be forwarded to AP Customer Service.
These GCS are subject to Italian legislation.
All disputes are the exclusive jurisdiction of the Court of Benevento.
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