Terms and Conditions

By creating an account to use the “www.kontup.com” service you agree to accept the following Terms and Conditions in their entirety.You hereby declare that you have reached the age of 14 and are legally entitled to enter into the present contract in your country of origin.

1.Account and Scope of Service

1.1 The Service is available as free “Service Plans”.

1.2 You acquire the right to use the Service by setting up a personal account. To set up a personal account, you will be required to enter your name (and/or company name), your e-mail address, your Skype id (optional) and a personal password. Kontup reserves the right to verify any information provided.

1.3 You are solely accountable to kontup for your account and for any actions carried out using your account. In this regard, you agree to indemnify and hold harmless kontup from any and all claims, demands or damages that might result from any actions carried out using your account. It is therefore your responsibility to keep your email and password secret at all times and to not divulge details thereof to any third party. You can, however, permit to additional users to consult the data of your account. You agree to notify kontup immediately of any improper or inadmissible use of your account or should you have reason to assume or believe that your password is no longer secret. In such cases, kontup reserves the right to temporarily deny access to your account until the matter has been resolved. kontup also reserves the right to request a password change and temporarily deny access to an account should it determine that there are reasonable grounds to assume said account might be being used by an unauthorized person or persons.

1.4 Kontup reserves the right to alter the services included in the individual Service Plans or to add or remove specific functions. In particular Kontup could create a not-free service plan. In the event that such changes would significantly reduce the scope of the Service, or key functionality be removed, you will be given an option to terminate your contract in accordance with Point 3 of the present Terms and Conditions. If no notification of termination is received prior to the next billing date, kontup will assume you have accepted and are in agreement with the changes. Kontup reserves the right to carry out minor changes and modifications, in particular the installation of patches, bug fixes and new versions of any third party software used, without such notification on the Website.

1.5 Kontup reserves the right to discontinue the Service in its entirety. Notification of such discontinuation will be published in a timely manner on the Website. In the event of such a discontinuation, you will be responsible for backing up your data and/or for saving it locally. Any claims for damages or other claims against kontup as a result of such discontinuation of the Service are expressly excluded.

1.6 Accounts can only be registered by natural or juridical persons. The registration of accounts using “bots” or other automated methods is not permitted, and any accounts registered in this way will be promptly deleted. In this connection, reference is made to the provision set out in Point 4.4 of the present Terms and Conditions.

2.Prices and Payment Terms

2.1 Use of the Service is free-of-charge.

3.Termination of the Contract

3.1 You may terminate the contract at any time without notice using the corresponding Termination function in the Service. Without exception, no other form of termination is possible, in particular notification of termination by e-mail. In this connection, reference is made to the provision set out in Point 2.4 of the present Terms and Conditions.

3.2 Kontup may terminate the contract at any time without reason by giving one month’s notice to the end of a calendar month. Such notice of termination shall be given by e-mail.

3.3 Kontup may terminate the contract at any time and with immediate effect for good or important reason. Such notice of termination shall be given by e-mail. The following, in particular, shall be deemed as good or important reasons for such termination of the contract: The provision of inapplicable information during the account registration process. The invoice amount due cannot be charge to the credit card account provided. The use of the Service for illegal purposes or for purposes that breach kontup’s business philosophy (and in particular those purposes listed under Point 5.2. of the present Terms and Conditions). Any other breach of the fundamental provisions of the present Terms and Conditions.

3.4 Upon termination, your account and all data related to your account will be promptly and permanently deleted.

4.Liability and Warranty

4.1 Kontup will do its utmost to offer access to the Service on a 24/7 basis. Despite this, the Service, or individual functions within the Service, may be temporarily disrupted to allow for necessary maintenance, updates or emergency repairs or as a result of a malfunction in the telecommunications lines and/or equipment outside kontup’s control. You therefore acknowledge that temporary disruptions in the Service or individual functions within the Service are possible and that kontup cannot guarantee 100% availability and an error-free functioning of the Service.

4.2 Kontup offers no warranty that all functions in the Service will function correctly at all times. In the event that any deficiency should appear, kontup will strive to resolve such deficiency or offer an alternative solution.

4.3 To the extent permitted by law, kontup shall in no way be liable for any damages whatever their nature, including in particular any loss of data, consequential damages, lost profit or other indirect damages. In any event, wollzelle shall only be liable for any damages resulting from gross negligence or willful intent.

4.4 In the event that Kontup should suffer any damages whatsoever as a result of any actions that violate any legal or contractual provisions, or any other unlawful actions, in particular any breach of Point 5. of the present Terms and Conditions, carried out using your Account, you will make good such damages to kontup in their entirety, including any lost profit and consequential damages. Actions that violate any legal or contractual provisions or other unlawful actions will result in the immediate closure of your Account by kontup.

5.Principle of Fair Use

5.1 Kontup assumes no responsibility for any content, including all texts, files, messages, images and other information and materials, uploaded or treated via the Service by its users. Kontup is not obliged to inspect any content uploaded via the Service, and you remain solely responsible for any content uploaded using your Account. Kontup reserves the right to make random checks of any content uploaded for the purpose of verifying whether such content is in breach of the provisions and principles of the present Terms and Conditions.

5.2 You agree, in particular, neither to use nor allow your Account to be used for the following purposes:* Uploading content of right-wing extremist or pornographic (in particular child pornographic) nature or any other nature that might violate any legal or statutory provisions, including, in particular, content that might violate any third party copyright, patent, trademark and other intellectual property rights.* Planning of criminal activities.* Sending of spam e-mails, phishing, etc.* Attempting to hack into the Service.* Uploading or sending of worms, viruses, etc.

5.3 In the event that Kontup should be so instructed or required by any juridical or other authorized authority as a result of any suspected criminal activity or other abuse of the Service, you hereby agree that Kontup may provide such authority with any data made known to Kontup by you and/or with information regarding your Account and/or any activities carried out or content uploaded using said Account. You further agree that Kontup may block said Account should it be instructed or required to do so by such juridical or other authorized authority. In such a case, any claims for damages or other claims against Kontup are expressly excluded.

5.4 In the event that a random check or information made known by a third party or other means should give reason for suspicion that your Account is being used in a manner that breaches the provisions of the present Terms and Conditions (and, in particular, Point 5.2), Kontup reserves the right to block your Account temporarily or permanently. In such a case, any claims for damages or other claims against Kontup are expressly excluded.

6.Proprietary Rights

6.1 Kontup holds all copyrights and other proprietary rights to the software and databases used for the Service or is entitled to use any third party software or databases used for the Service. This applies in particular to any routines, databases and other program components used. Such routines, databases and other program components may not in any way – either in full or in part – be used, reproduced or made available by any other means to any unauthorized third parties and may not, in particular, be transferred to another website or other storage system or used in any other storage system.

Jurisdiction and General Provisions

7.1 This contract, including its formation, shall be governed and construed by Italian law.

7.2 All disputes arising from and in connection with this contract, including its formation, shall be subject exclusively to the jurisdiction of Italia.

7.3 All communication between you and Kontup will be carried out either by e-mail and/or – where applicable – using the corresponding functions on the Website and in the Service. In the event of a change to your e-mail address, you undertake to promptly update your user profile via the User Administration function in the Service. All e-mails sent to the e-mail address stored in the Service shall be deemed to have been properly delivered.

7.4 The sale, lease or transfer by any other means – either in full or in part – of any rights arising from this contract is expressly excluded.

7.5 If any provision of this contract shall be held or become invalid, ineffective or unenforceable, the remaining provisions shall remain in full force and effect. In such case, the invalid, ineffective or unenforceable provision shall be substituted by a valid, effective and enforceable provision which will best approximate the presumed intent and purpose of such invalid, ineffective or unenforceable provision.

7.6 Kontup reserves the right to change the individual provisions set out in the present Terms and Conditions. wollzelle will publish notification of any such changes on the Website, and you will be given an option to terminate the contract in accordance with Point 3. of the present Terms and Conditions. If no notification of termination is received, you will be deemed to accepted the changes announced.

7.7 These Terms and Conditions were intended for use with corporate partners. If you are a private consumer, the provisions herein shall only be applicable to the extent that they do not contradict any mandatory consumer protection provisions.