Terms and conditions

This document contains the general terms and conditions on the basis of which the use of the website is offered to users https://claro.agency which offers services for the creation, optimization, assistance and management of WordPress sites, creation of brand identity, graphics and web design, consultancy and marketing strategy, SEO, online advertising, video making, photo shoots, copywriting and other services related to online communication.

Definitions

To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meaning indicated below: 

  1. Holder: Claro Agency SAS, with registered office at 250, Rue du Faubourg Saint-Antoine, VAT number / Fiscal Code FR54898128640, SIREN 898128640, fully paid-up share capital € 2,500.00, email address info@claro.agency 
  2. Application: the website https://claro.agency 
  3. Products: the services provided to the user by the Data Controller 
  4. User: any person who accesses and uses the Application 
  5. Consumer User: the natural person of age who concludes a contract for purposes unrelated to his own entrepreneurial, commercial, craft or professional activity possibly carried out 
  6. Non-Consumer User:  the natural person of age or legal person who concludes a contract for the performance or for the needs of his own entrepreneurial, commercial, craft or professional activity 
  7. Conditions: this contract which governs the relationship between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Application. 
  8. Detailed information on the offer of the Application

The Application provides Users with an annual subscription to entrust the management of their WordPress sites. The subscription includes hosting space and a series of benefits and services illustrated on the page https://claro.agency/abbonamento/.

Scope of the Conditions

The use of the Application implies the acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and / or any other note, legal notice, information published or referred to therein, he / she will not be able to use the Application or the related services.

The Conditions can be changed at any time. 

The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.

Before using the Application, the User is required to carefully read the Conditions and save or print them for future reference.

The Owner reserves the right to change at its discretion, at any time even after the User registration, the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating the relevant instructions to the User, where necessary. 

Purchase or supply request through the Application

All the Products offered through the Application are described in detail in the relevant product pages (quality, characteristics, availability, price, delivery times, ancillary charges, etc.). There may be some errors, inaccuracies or small differences between what is published on the Application and the actual Product. Furthermore, any images of the Products are only representative and do not constitute a contractual element. 

Purchases and / or requests for the supply of one or more Products through the Application are allowed to both Consumer Users and non-Consumer Users. 

Purchases and / or requests for supply are allowed to natural persons only on condition that they are of age. For minors, any purchase and / or request for the supply of Products through the Application must be screened and authorized by the parents or by those exercising parental responsibility.

The offer of the Products through the Application constitutes an invitation to offer and the order sent by the User will be valid as a contractual proposal for the purchase and / or request for supply, subject to confirmation and / or acceptance by the Owner as described in following. Therefore, the Owner will have, at his own unquestionable judgment, the right to accept or not the User's order without the latter being able to object or complain about anything for any title and / or reason. 

The contract for the sale or supply of the Products is concluded with the acceptance by the Owner of the User's contractual proposal. The Owner will accept the User's contract proposal by sending the order confirmation to the e-mail address indicated by the User or by viewing an order confirmation web page, which will show the date of the order, the User's data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and accessory taxes, the delivery and execution times, the methods for exercising the right of withdrawal or its possible exclusion and the guarantee. 

The contract for the sale or supply of the Products is not considered effective between the parties in default of what is indicated in the previous point.

In the event that the Product is not available, the Owner will notify the User of the new delivery or supply terms, asking whether he intends to confirm the order or not. It is understood that the contract will be considered finalized in relation to the Products accepted by the Owner.

The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately notify the Owner of any errors and will keep a copy of his order, the relative confirmation and the Conditions. 

Registration

To take advantage of the functionality of the Application, Users must register by providing, in a truthful and complete manner, all the data requested in the relevant registration form and fully accept the privacy policy ( https://claro.agency/privacy-policy) and the Conditions. 

The User has the burden of keeping his access credentials which must be used exclusively by the User and cannot be transferred to third parties. The User undertakes to keep them secret and to ensure that no third parties have access to them and to immediately inform the Owner in the event that he suspects or becomes aware of an improper use or undue disclosure of the same.

The User guarantees that the personal information provided during the registration procedure is complete and truthful and undertakes to hold the Data Controller harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by part of the User of the rules on registration to the Application or on the conservation of registration credentials.

Account cancellation and closure

The registered User can interrupt the use of the Application at any time and deactivate his account or request its cancellation through the Application interface, if possible, or by sending a written communication to the e-mail address info@claro.agency

In case of violation by the User of the Conditions or of the applicable legal provisions, the Owner reserves the right to suspend or close the User's account at any time and without notice.

Subscription

The Application offers Subscription Products. The characteristics and methods of subscription are detailed on the page https://claro.agency/abbonamento/.

To subscribe, the User must follow the procedure indicated in the Application and enter the requested data. Any subscription costs will be charged on the specified date and with the frequency indicated at the time of subscription.

The subscription is renewed according to the methods and times indicated in the Application.

Users can deactivate the renewal through the Application or by sending a communication to the e-mail address info@claro.agency or by changing the preferences of the payment method used.

Subscription prices may vary in relation to the growth in size, weight of uploaded files, site traffic and other variables; any changes are notified in advance and applied to the next renewal cycle.

Website management subscription details

The subscription to Claro Agency guarantees the continuous provision of maintenance, optimization and assistance services for WordPress sites.

The subscription has an auto-renewing annual billing cycle starting from its subscription date.

The accepted payment methods are credit card or PayPal.

In the event of non-automatic renewal of the subscription, up to a maximum of 60 days may elapse within which the balance must be paid. After this deadline, the website, your login credentials and related services are suspended and paused for a period of another 60 days, after which, if the subscription is not paid, the site is definitively deleted and the suspension of related associated services.

It is possible to request the interruption of the service at the end of the billing cycle with a minimum notice of 30 days from the date of renewal of the subscription.

In the event of a request for service interruption, it is your responsibility to transfer the site and all related data, including e-mail boxes. If you want to entrust the transfer to Claro Agency, you can request a quote for this service. The entire data transfer procedure must be performed within a maximum of 60 days from the expiration date of the subscription.

License details of plugins and premium services

The licenses of the plugins and premium services included with the Claro Agency website management subscription are valid and remain active only if the subscription is kept active. If the subscription is terminated and / or the site is moved outside the Claro Agency, the relevant licenses will be terminated.

The plugins and premium services, where possible, will remain active and installed on the site but the licenses for receiving updates and assistance from the developers will be revoked.

It is therefore recommended that you purchase these licenses separately before transferring your site outside of Claro Agency, in order to continue to receive updates and support from the respective developers.

Prices and payments

For each Product, the price and VAT, if due, are indicated. If the nature of the Product makes it impossible to calculate it in advance, the methods of calculating the price are indicated. 

Furthermore, all possible taxes and additional expenses that may vary in relation to the payment method used will be indicated. If such expense items cannot reasonably be calculated in advance, there will be an indication of which expenses will be charged to the User. 

The Owner reserves the right to change the price of the Products and any additional costs at any time. It is understood that any price changes will in no case affect the contracts already concluded before the change.

The User undertakes to pay the price of the Product in the times and methods indicated in the Application and to communicate all necessary data that may be requested.

The Application uses third-party tools for processing payments and does not in any way come into contact with the payment data provided (credit card number, name of the holder, password, etc.).

If these third-party tools deny the payment authorization, the Owner will not be able to supply the Products and will not be held responsible in any way.

Billing

The User who wishes to receive the invoice will be asked for the billing data. For the issuance of the invoice, the information provided by the User will prevail, which he declares and guarantees to be truthful, releasing to the Owner any full indemnity in this regard. 

Methods of provision of services 

The Owner will provide the services to the User, in the manner and within the deadline indicated on the Application and reported in the order confirmation. 

In the event that it is not possible to provide the requested services within this period, the User will be promptly notified by e-mail, indicating when it is expected to be able to provide them or the reasons that make the supply impossible. 

If the User does not intend to accept the new term or the supply has become impossible, he can request a refund of the amount paid which will be promptly credited in the same payment methods used by the User for the purchase at the latest within 14 days from the date on which the Holder became aware of the refund request.

Exclusion of the right of withdrawal of non-consumer users

The non-consumer user is not entitled to withdraw from the contract for the sale or supply of the Products. The User expressly acknowledges that the indication in the order of a VAT number automatically qualifies him as a non-Consumer User, for which the right of withdrawal is not provided. 

Right of withdrawal of Consumer Users from the purchase of services 

The Consumer User alone has the right to withdraw without any penalty and without specifying the reason within 30 days from the date of conclusion of the contract, by sending a written communication to the e-mail address info@claro.agency, using the optional withdrawal form referred to in the following article or any other written declaration. 

In case of withdrawal exercised correctly, the Owner will reimburse the Consumer User for the payments received, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the date on which the User communicated of withdraw from the contract. 

The Consumer User acknowledges and accepts, pursuant to and by effect of art. 59, lett. a) of the Consumer Code, to lose the right of withdrawal after the complete provision of a service. Where the provision of the service has not been completely performed and the Consumer User wishes to withdraw from the contract, he is still obliged, pursuant to art. 57, paragraph 3 of the Consumer Code, to pay the Owner an amount proportional to what was carried out up to the moment in which he exercised the right of withdrawal.

The Consumer User acknowledges and accepts that the withdrawal from a subscribed subscription does not entail the refund of the amounts relating to the Products already used or supplied.

Exclusion of the Consumer User right of withdrawal

The right of withdrawal from the contract of sale or supply of the Products by the Consumer User is excluded in relation to:

  1. to the supply of Products which, after delivery, are, by their nature, inseparably mixed with other goods
  2. to contracts in which the Consumer User has specifically requested a visit by the Owner or a professional appointed for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of this visit, the Owner or an appointed professional provides services in addition to those specifically requested by the Consumer User or goods other than spare parts necessary to carry out maintenance or repairs, the right of withdrawal applies to these services. or additional goods

For more clarifications, contact the Data Controller at the e-mail address info@claro.agency

Optional indications to exercise the right of withdrawal

  1. To facilitate the procedure, the User can withdraw by sending the following details to the e-mail address info@claro.agency before the withdrawal period expires:
  • I hereby communicate the withdrawal from the sales or supply contract relating to the following product:
  • Order number:
  • Ordered on:
  • Name and surname:
  • Address:
  • E-mail associated with the account from which the order was placed:
  • Date:

Industrial and Intellectual Property Rights

The Owner declares to be the owner and / or licensee of all intellectual property rights relating to and / or relating to the Application and / or the Contents available on the Application. Therefore, all trademarks, figurative or nominative and all other signs, commercial names, service marks, word marks, commercial names, illustrations, images, logos, contents relating to the Application are and remain the property of the Owner or its licensors. and are protected by current trademark laws and related international treaties.

The Conditions do not grant the User any license to use individual contents and / or materials available therein, unless otherwise regulated.

Any reproductions in any form of the explanatory texts and Application Contents, if not authorized, will be considered violations of the Owner's intellectual and industrial property rights.

Warranty Disclaimer

The Application is provided "as is" and "as it is available" and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users or that it will not it will never break or it will be error free or it will be virus or bug free.

The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but will in no way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period. . Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the will of the Owner or for events of force majeure.

Limitation of Liability

The Owner cannot be held responsible to the User, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its suppliers.

Furthermore, the Owner will not be responsible for damages, losses and costs suffered by the User as a result of the non-execution of the contract for reasons not attributable to him, having the User only entitled to a possible full refund of the price paid and any additional charges. incurred. 

The Data Controller assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, as it does not in any way come into contact with the payment data used (number of credit cards, cardholder name, password, etc.) 

The Owner will not be responsible for:

  1. any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User that are not a direct consequence of the violation of the contract by the Owner
  2. incorrect or unsuitable use of the Application by Users or third parties
  3. the issuance of incorrect documents or tax data due to errors relating to the data provided by the User, the latter being solely responsible for the correct insertion

In no case can the Owner be held responsible for a sum greater than double the cost paid by the User.

Major force

The Data Controller cannot be held responsible for the failure or delayed fulfillment of its obligations, due to circumstances beyond the reasonable control of the Data Controller due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will. .

The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.

The Data Controller will carry out any act in its power in order to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.

Link to third party sites

The Application may contain links to third party sites / applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites / applications.

Some of these links may refer to third party sites / applications that provide services through the Application. In these cases, the general conditions for the use of the site / application and for the use of the service prepared by third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.

Privacy

The protection and processing of personal data will take place in accordance with the Privacy Policy which can be consulted on the page https://claro.agency/privacy-policy 

Applicable law and competent court

The Conditions are subject to Italian law.

For non-consumer users, the court of the place where the owner is based is competent for any dispute relating to the application, execution and interpretation of these conditions.

For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right for the User. Consumer to appeal to a judge other than that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria referred to in Articles 18, 19 and 20 of the civil procedural code.

This is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, at the deadline for the return of the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.

Online dispute resolution for consumer users

The Consumer User residing in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and the supply of services stipulated online. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract stipulated online. The platform is available at the following address: ec.europa.eu/consumers/odr/

Date 28/12/2021