1. Object of the Service Contract.
These general conditions govern the rules applicable to the Service Contract for access to the Starty Management Software (hereinafter, the “Service”), provided by Starty Italia S.r.l. (hereinafter “Starty Italia”), via the Internet on the Google Cloud Compute Engine platform.
2. Internet Access to the Service.
In order to use the Service, the Customer must have an Internet connection and a device (Personal Computer) equipped with a Web Browser. It is the Customer’s responsibility to ensure the proper functioning of the Internet connectivity.
3. Assignment of Identification Codes.
The identification code (username and password) used to access the Service is assigned by Starty Italia for each authorized user specified in the purchase contract. The Customer may not share access credentials with unauthorized users or users not provided for in the contract.
4. Service Duration.
The Service begins from the date of the activation notice referred to in Article 5 and lasts until the expiry date expressly indicated in the order (or one calendar year if not clearly stated). Upon expiry, the contract shall be automatically renewed for an equal period unless terminated by either party by registered mail (AR) at least 60 days before the expiry date. Starty Italia reserves the right to withdraw from the contract at any time with 30 (thirty) days’ notice.
5. Service Activation.
Service activation shall occur following the signing of the contract and will be communicated by Starty Italia via email, including the necessary access credentials (username and password). The Service duration shall commence upon the sending of this communication.
6. Ownership of Programs and Materials Granted for Use.
All materials and programs of Starty Italia, including media and documentation, remain the full and exclusive property of Starty Italia. The user is granted only a right of use limited to the period, methods, and purposes provided for in this contract.
7. Characteristics and Availability of the Service.
The Service shall be available 24 hours a day, every day of the year (annual guaranteed uptime SLA 99.95%), except for ordinary or extraordinary maintenance operations which may cause temporary suspension upon prior notice. In any case, Starty Italia shall not be liable for malfunctions and/or service interruptions resulting from technical issues beyond its control or not exceeding 48 hours. Technical support is provided during Starty Italia’s office hours unless otherwise agreed between the parties.
8. Proper Use of the Service.
The assignment of this contract to third parties, whether free of charge or for consideration, temporarily or permanently, is expressly excluded without the written consent of Starty Italia. Use of Internet services outside Starty Italia’s management is subject to the limitations and responsibilities established by the respective service providers and must comply with applicable international and local laws as well as the regulations governing the relevant networks and nodes.
9. Data Security and Protection.
The Data Controller for the purposes of these general conditions is Starty Italia S.r.l., Via del Molinuzzo, n. 93, 59100 Prato (PO), VAT No. 02548900972 (PEC: startyitalia@pec.it).
Pursuant to EU Regulation 2016/679 (“GDPR”), Starty Italia processes the User’s personal data (company name, VAT number, billing data, etc.) exclusively for purposes connected with the execution of the requested Service. Personal data is collected electronically and processed, including through automated tools, solely for contractual purposes.
Data and information hosted by the User within the applications (“Data”) remain the property of the User. Starty Italia shall not share, distribute, print, or report such Data except as required for technical support activities aimed at resolving issues reported by the User.
At any time, the Customer may:
– request confirmation of the existence of personal data processing;
– obtain rectification of inaccurate data or completion of incomplete data;
– request deletion pursuant to Art. 17 GDPR;
– request limitation of processing pursuant to Art. 18 GDPR;
– export their data using the available export procedures;
– object to processing pursuant to Art. 21 GDPR;
– withdraw consent;
– lodge a complaint with the Italian Data Protection Authority (Garante per la protezione dei dati personali).
The extended information notice pursuant to Art. 13 GDPR may be requested at any time by writing to amministrazione@startyitalia.com.
Data entered by the User into the management software remains the User’s property and is processed by Starty Italia S.r.l. as External Data Processor pursuant to Art. 28 GDPR. It is the User’s responsibility, as Data Controller, to formally appoint Starty Italia pursuant to Art. 28 GDPR.
10. Updates and Improvements.
For the entire duration of the Service, Starty Italia guarantees:
– provision of software updates, modifications, and functional optimizations;
– release notes relating to updates;
– mandatory fiscal/tax updates;
– correction of properly reported and documented errors.
11. Customer Support.
The Customer may access customer support to report malfunctions or anomalies through the internal ticketing procedure available within the system. Support requests included in the Service concern errors or anomalies found in the Software applications. Starty Italia will respond directly within the system where all requests are recorded.
Starty Italia considers valid, for the purposes of this contract, only communications originating from the Customer’s designated Manager or formally delegated representative.
12. Customer Obligations.
The Customer undertakes to:
– pay fees, adjustments, and other charges within 30 days from invoice issuance;
– provide the details of the Customer’s Manager and authorized users;
– supply all information necessary for activation and execution of the Service;
– maintain confidentiality of access credentials;
– use materials and programs exclusively as permitted by the contract;
– not assign the contract or related rights without prior consent.
Violation of these obligations entitles Starty Italia, without prior notice, to suspend the Service and/or terminate the contract pursuant to Art. 1456 of the Italian Civil Code, without prejudice to any claim for damages.
13. Exclusions from Customer Support.
The Service expressly excludes:
– supply of materials;
– custom software developments or modifications;
– recovery of Customer archives;
– on-site interventions at the Customer’s premises;
– verification of Customer-entered data;
– software personalization;
– training activities.
Such requests must be governed by separate written agreements and will be charged according to Starty Italia’s standard rates.
14. Software Personalizations.
For personalizations created after the signing of this contract and not included herein, Starty Italia may require integration of the annual support fee equal to 15% of the economic value paid for the development of such personalizations.
15. Payment.
Service fees are invoiced in advance. Any adjustments shall be invoiced at the end of the relevant period. Payments must be made within 30 days of invoice issuance. Failure or delay in payment entitles Starty Italia to suspend the Service, releasing it from any liability and preserving all legal rights.
16. Fee Revaluation in Case of Tacit Renewal.
In the event of contract renewal, the fee shall be automatically updated based on 100% of the variations recorded by ISTAT in the consumer price index for blue- and white-collar households.
17. Limitation of Liability.
The User acknowledges that the Service may contain bugs or errors that could cause system malfunctions. The Service and all related materials are provided “as is,” and use is at the Customer’s own risk. Starty Italia does not guarantee uninterrupted or error-free operation but undertakes to intervene as soon as possible to resolve reported issues. Except in cases of willful misconduct or gross negligence, Starty Italia shall not be liable for any direct, indirect, incidental, or consequential damages, including loss of profits or data corruption.
18. Termination and Modification of the Contract.
Termination of this contract for any reason results in the immediate cessation of all obligations between the parties, except for the Customer’s obligation to pay accrued fees and adjustments. Any modification or integration of this contract shall be valid only if agreed in writing by both parties.
19. Communications.
All communications relating to the Service must be made in writing. Starty Italia considers valid only communications originating from the Customer’s Manager or formally delegated representative.
20. Jurisdiction: Prato.
The competent court for any dispute arising from this contract shall be Prato, Italy.
