Service Order - products Micro Site, Simply Site and Simply Shop

Micro Site, Simply Site and Simply Shop Service Order.


This Order of Service (“SO”) is an integral and substantive part of Swizzonic's Terms and Conditions of Service (“GCS”) published at https://www.swizzonic.ch/. The GCS and this SO set forth the terms and conditions for the provision of the Simply Site and Simply Shop Service by Swizzonic to the Customer.
Capitalized terms used in this SO have the same meaning as defined in the GCS. The commercial offer published online at https://www.swizzonic.ch/ otherwise brought to the Customer's attention by Swizzonic forms an integral part of these SOs.


1 - SERVICE DESCRIPTION SIMPLY SITE and SIMPLY SHOP.

1.1 The Simply Site and Simply Shop Service (“Service”) allows the Client to create, update and publish a website or e-commerce online through an online management panel and without the need to install additional programs. The Customer benefits from the Service through the use of a web space allocated to him/her, accessible through the use of an Internet browser and connection to the Internet network.

1.2 Specifically, the Service enables the Customer to create, update and deliver a website using software made available by DUDA Inc. having its registered office at 577 College Ave., Palo Alto, CA 94306.

1.3 Prior to using the Service, Customer acknowledges that it has read and expressly agrees to and abides by DUDA's Terms of Service, where applicable to this SO, posted at https://www.duda.co/legal/terms. Article 8 (privacy and data protection) and Article 9 (pricing, payments, refunds and taxes) of DUDA's Terms of Service are superseded by the provisions of this SO and Swizzonic's Terms of Service: in fact, Duda Inc. processes the Customer's personal data as a mere data controller, according to the instructions given in a special data processing agreement. Therefore, with reference to the processing of the Customer's personal data, the privacy policy of Swizzonic available at https://www.swizzonic.ch/company/legal/privacy-policy-cookies/?lang=en will apply, and not the privacy policy of Duda.

In addition, the last paragraph of Article 7 of DUDA's Terms of Service below “You declare that by providing Your Registration Data to Us, You hereby consent to, Us sending, and You receiving, by means of telephone, facsimile, SMS or e-mail, communications containing content of a commercial nature relating to Your use of the Site, the Services and related services, including further information and offers from Us that We believe You may find useful or interesting, such as newsletters, marketing or promotional materials. We shall immediately cease to send any such further communications should You notify Us in writing that You do not wish to receive such commercial content anymore.”

1.4 The Service is provided in different solutions, the characteristics of which are published in an updated manner on the Swizzonic website, in the product sheet at the link https://www.swizzonic.ch/siti-web/ with indicated technical differences and related economic offers.

1.5 The Service can be activated on a domain name indicated by the Customer or on a free third-level domain made available by Swizzonic.

1.6 The Customer acknowledges that associating the Service to a domain name with existing content will result in the previous content not being displayed and being replaced by the new content, the Services being in different and alternative hosting spaces.

2 - CONDITIONS OF USE OF THE SERVICE AND OBLIGATIONS OF THE CUSTOMER

2.1 The Customer acknowledges that the Service will be provided with the characteristics and limitations of use indicated by Swizzonic on the page describing the Service itself at the link https://www.swizzonic.ch/siti-web/ and that these limits may not be exceeded by the Customer.
If the limits are exceeded, Swizzonic may proceed to suspend the Service.


2.2 Swizzonic has no obligation to monitor the content posted by the Customer through the Service, but it has a duty to inform the Judicial Authority in the event that it becomes aware of violations committed by the Customer in the use of the Service; any liability of Swizzonic in this regard is therefore expressly excluded.


2.3 The Client remains solely responsible for the content and materials posted and/or uploaded through the Service.
The Customer undertakes to comply with the applicable laws and regulations and in particular not to publish material of a child pornographic nature or contrary to public order or morality, with defamatory content or harmful to the rights of others.
The Customer warrants not to upload and/or post any viruses, worms, Trojans or other malicious code, files, scripts or programs.

2.4 The Customer remains solely responsible for the content and information provided on the website covered by the Service to interested parties (such as visitors to the website itself).
The Customer acknowledges that Swizzonic does not provide any advice, nor does it make any guarantees, about the information (such as legal notices, privacy notices, etc.) to be published by the Customer within its website.
Moreover, acting as the data controller of the personal data processed through the website, the Customer is obliged to ensure compliance with the data protection legislation (Federal Data Protection Act (DPA) of June 19, 1992 and EU Regulation 2016/679). Instead, Swizzonic will act as a data controller in accordance with the applicable data protection legislation and as contained in the Data Processing Agreement between Swizzonic and the Customer.
In the provision of the Service Swizzonic will provide the Customer with a banner containing a sample text of short information on cookies, which will appear on the Customer's website. It remains the Customer's responsibility to observe all obligations arising from the applicable legislation on the protection of personal data and therefore also to define the content of the banner and in general to define and keep up to date the information provided to visitors to the website and third parties concerned regarding the processing of personal data, including the information on cookies used on the website, it being understood that the Customer as data controller remains the sole party responsible for the accurate fulfillment of the relevant regulatory obligations towards the data subjects regarding the protection of personal data, and being in any case excluded any liability of Swizzonic on the point.
The Client agrees to and warrants not to use any type of cookie (or other tracking technology and tool, such as, by way of example, web beacon/web bun, clear GIF, etc.) for the purpose of retrieving and/or storing client-side information (e.g.: profiling cookies), with the sole exception of the standard installation of Google Analytics cookies, already included in the Simply Site and Simply Site Shop product editor, which the Client shall manage in compliance with the applicable legal provisions on the subject, including those relating to the processing of personal data. The Company disclaims all liability for any legal consequences and/or sanctions that may result to the Client from the violation of this obligation, this contract and the applicable legal provisions, including those relating to the use of cookies or other tracking technologies.
The Customer acknowledges and accepts that Swizzonic shall not be held liable, to the fullest extent permitted by law, for any breach relating to the processing of personal data committed by the Customer or any third party, including any inaccuracy in the information provided in the privacy policy or in the information relating to the cookies used on the website. The Customer declares to indemnify and hold Swizzonic harmless in respect of any claims for damages, compensation or penalties relating to or connected with the processing of personal data put in place by the Customer and with compliance with the legislation on the protection of personal data applicable to the processing activities put in place by the Customer.

2.5 Swizzonic reserves the right to immediately suspend the Service if, in its sole discretion or through reporting by a third party, it considers that the Customer through the Service performs activities in violation of the obligations provided for in this SO or of the current regulations. In such a case, the Customer, following a report also via e-mail from Swizzonic, shall immediately take steps to eliminate the causes of the dispute or provide suitable documentation proving full compliance with current regulations of the activity performed by him. In case of failure to immediately respond Swizzonic shall have the right to immediately terminate the contract without prejudice to the right to full payment of the consideration and the right of Swizzonic to act for full compensation for any damages suffered.

2.6 Upon expiration, the Service will be deactivated and the website covered by the Service will no longer be visible. Content may be retrieved upon renewal of the Service within 30 days of expiration.



3 RIGHTS TO THE CONTENT OFFERED UNDER THE SERVICE


3.1 By means of the Service, the Customer obtains a non-exclusive, non-transferable and limited license to use the online management panel for the creation and publication of its website valid for the duration of the Service purchased by the Customer, in accordance with this SO and the conditions set forth on the page dedicated to the description of the Service on the Swizzonic website.


3.2 All content offered to the Customer as part of the Service, such as, but not limited to, images, graphics, backgrounds, videos, music, formats, structures, etc. (hereinafter the “Content”), shall remain the exclusive property of their respective owners and/or publishers of the Service.


3.3 The Customer acknowledges and agrees that it will not have any proprietary rights to this Content to that it will be entitled to use it only (i) within the scope of the Service (ii) online, i.e. on the platform dedicated to the Service and (iii) only during the term of the Service.


3.4 The Customer undertakes to respect the copyright relating to the Content, as defined by relevant laws and regulations. As such, Customer acknowledges and agrees that reproduction in any form of the Content is strictly prohibited without the express permission of the right holder.


3.5 Upon expiration of the Service, for any reason whatsoever, the license shall be deemed terminated and the Customer formally agrees to terminate all use of the Content and to destroy any Content still available to the Customer.



4 LIMITATIONS OF SWIZZONIC'S LIABILITY


4.1 Swizzonic reserves the right to perform maintenance interventions that may result in temporary suspension of the Service In the event of interruption, Swizzonic undertakes to restore the availability of the Service as soon as possible.


4.2 Swizzonic may, at any time, discontinue the provision of the Service if there are justified reasons for security and/or guarantee of confidentiality, or protection of its rights or legitimate interests, giving prior notice to the Customer where possible.

4.3 Swizzonic shall in no event be liable in the event of any malfunction of the Service dependent on events beyond Swizzonic's reasonable control such as, but not limited to: (i) events of force majeure; (ii) events dependent on the acts of third parties such as, but not limited to, the interruption or malfunction of telecommunications operators' services and/or power lines or acts or omissions of the competent Registration Authority; (iii) malfunction of terminals or other communication systems used by the Customer.

4.4 In any event, any liability of Swizzonic to the Customer arising under this SO shall not exceed the total amount actually paid by the Customer with respect to this Service to Swizzonic during the six months immediately preceding the occurrence of the event giving rise to the Customer's injury, if any.


4.5 The limitations of liability set forth in this SO shall apply within the limits imposed by mandatory law.