Contents

General Supply Terms and Conditions

  1. Preamble
    1. Vianova is a company that operates in the electronic communications sector. It holds the authorizations required by the laws and regulations concerning the supply of the products and services covered by the Offer.
    2. The Customer is a VAT-registered company that has expressed an interest in acquiring the products and services covered by this Contract from Vianova.
  2. Subject of the Contract
    1. These General Terms and Conditions govern the relationship between Vianova and the Customer with regard to the supply of products and services (hereinafter ‘Services’) as described in the Office documents, in the Offer, or as chosen by the Customer in the specific section of the Customer Area.
  3. Composition of the Contract
    1. The Contract is made up of these General Supply Terms and Conditions, the Vianova Offer, the individual signed Vianova forms, and the Service Charter, which form an integral and essential part hereof.
    2. The Service Charter and the particular conditions of the individual Services are published on this page.
  4. Customer Service
    1. Vianova has established a technical support structure capable of supporting the Customer in resolving problems relating to the supply of the Services.
    2. The Customer can contact Customer Service by telephone via the number 145, as well as a specialist technical department for assistance at the Customer’s premises via the contact details and numbers listed below.
  5. Billing and traceability of financial flows
    1. If the Customer is a Public Administration subject to the application of Ministerial Decree no. 55 of April 3, 2013 (‘Regulation on the issuance, transmission, and receipt of electronic billing to be applied to public administrations pursuant to Article 1, paragraphs 209 to 213 of Law no. 244 of December 24, 2007’), the Customer must provide Vianova with the destination Office Code for the electronic invoices referred to herein.
    2. In the event that the Customer is a subject falling within the scope of application of Article 3 of Law no. 136 of August 13, 2010, it is understood that:
      • Vianova takes on the obligations set out herein regarding the traceability of financial flows, as applicable to the services in question;
      • this Contract is terminated in all cases in which the related transactions are carried out in ways other than those set out by the aforementioned regulation for the services covered by this Contract.
  6. Payments, default interest and compensation
    1. The Customer must pay the invoice in full according to the terms and methods indicated in the invoice itself, notwithstanding any charges specifically disputed through the filing of a formal complaint.
    2. The Customer will be required to pay the fees and taxes due even if the Vianova Mobile services are suspended.
    3. In the event of the late payment of undisputed amounts, Vianova will charge the Customer default interest, with no requirement for a formal notice of default, corresponding to the number of days by which the payment is delayed, equal to 0.04% of the unpaid amount for each day of delay and in all cases within the limits of the provisions of the current applicable legislation.
    4. In the event of the non-payment of the amount indicated in the invoice, Vianova will request the reimbursement of the costs incurred to recover the unpaid sums and the payment of the lump sum of 40.00 (forty) euro as compensation for damages, without prejudice to proof of higher damages, which may include the costs of credit recovery assistance pursuant to and for the purposes of Article 6 of Legislative Decree no. 231/2002 and subsequent amendment.
    5. Once the final payment deadline has elapsed, namely 30 days from the date on which the invoice was issued, Vianova reserves the right to suspend the provision of the Services.
    6. If the Customer fails to pay within 15 (fifteen) days following the suspension of the Services, the Contract will be considered terminated pursuant to and for the purposes of Article 1454 of the Italian Civil Code, without prejudice to any further legal remedies.
    7. If the billed amounts are disputed, the Customer must make a specific complaint according to the procedure set out in the Service Charter.
    8. While the complaint procedure is underway and until it is settled, Vianova will not suspend the Service that is the subject of the complaint.
    9. Where the activation fee is paid in installments, in the event that the Customer fails to pay even a single installment, the Customer will forfeit the benefit of the term, authorizing Vianova to immediately request payment of the entire sum.
    10. Without prejudice to the above, it is understood that, should the relationship be terminated for any reason, Vianova grants the Customer the right to continue to pay the remaining installments at the same agreed monthly rate or, alternatively, in one lump sum.
    11. In the event of the non-payment of the domain registration or annual management fee by the Customer, 30 (thirty) days after the contractually established payment deadline, Vianova may request the withdrawal of the domain and at the same time may terminate the Contract pursuant to Article 1456 of the Italian Civil Code, without prejudice to any further legal remedies, by sending a registered letter with return receipt or a certified email stating its intention to invoke the termination clause.
    12. In order to ensure that the obligations undertaken towards Vianova are fulfilled in full, the Customer authorizes Vianova to recover any outstanding sums under this Contract from the Customer’s receivables due from Vianova relating to any other contract in force between the two parties or resulting from non-contractual relationships.
  7. Limitations of liability and force majeure
    1. Vianova guarantees an adequate level of performance for the Services provided and the hardware and software equipment made available to the Customer, and undertakes to comply with the General and Specific Standards set out in the Service Charter.
    2. In any case, it is understood that Vianova cannot be held responsible for the use of hardware devices, SIM cards, network terminals and application software available to the Customer, nor for direct or indirect damage caused to the Customer and/or third parties, including the Customer’s personal damage, due to the malicious or negligent use of the equipment or for other reasons not attributable to Vianova.
    3. Furthermore, Vianova cannot be held responsible for maintenance and assistance concerning the equipment necessary for the functioning of the Services, unless this equipment has been rented to the Customer.
    4. Vianova will not be responsible for interruptions, delays, and malfunctions in the provision of the Services resulting from the Customer’s failure to comply with applicable laws or regulations, including those relating to safety, fire prevention, and accident prevention.
    5. Vianova will not be liable to the Customer or to parties directly or indirectly connected to the Customer for damages, loss of savings, losses, or costs incurred as a result of suspensions or interruptions to the Service due to requests to change the Service profile, the transformation or relocation of the line that supports the Services, force majeure, or unforeseeable circumstances, without prejudice to mandatory legal provisions.
    6. In cases in which Vianova is liable and fails to comply with quality standards, the Customer will be entitled to compensation as set out in the Service Charter and, in any case, in compliance with current legislation.
  8. Contract entered into off-premises and at a distance
    1. If the Contract is entered into off-premises, the Customer may, pursuant to Article 52 of Legislative Decree no. 205/2006 (Consumer Code), withdraw with a notification sent by registered letter with return receipt within 14 (fourteen) days of signing the Contract proposal.
    2. In this case, Vianova may request the fees for the activation and use of the Service from the Customer.
    3. If the Contract is entered into using remote communication methods, as defined by the Consumer Code and by Resolution no. 519/15/CONS of the Authority, the Customer may withdraw without penalty via registered letter with return receipt, to be sent to Vianova within 10 (ten) working days from the day on which the Contract is signed (for Services), or from the day on which the goods are received (for goods).
  9. Declarations of indemnity and responsibilities of the Customer
    1. The Customer will be directly liable to Vianova for any breach of the obligations of this Contract and will hold Vianova harmless against any harm, damage, liability, or expenses (including legal expenses) suffered or incurred by Vianova, indemnifying Vianova against any action, right, or claim brought by third parties as a consequence of violations or non-compliance by the Customer, or due to its behavior and/or omissions.
    2. Vianova cannot be held liable for the contents of the Services offered by the Customer to third parties, nor for the transactions that occur through the Customer. The Customer therefore holds Vianova harmless in this regard, undertaking to reimburse any damages or expenses resulting from actions or claims against the latter brought or put forward due to the Services provided by the Customer through the Service.
    3. Vianova cannot be held liable for any violation of the intellectual and/or industrial property rights of third parties committed by the Customer through the use of the Service.
    4. Vianova cannot be held liable for creations and works made or carried out according to the Customer’s instructions and in compliance with the specifications requested by the latter.
    5. Therefore, where such creations violate third-party rights that the Customer has concealed from Vianova, the former will be solely liable for providing compensation for any damages requested, including by Vianova.
    6. To this end, the Customer holds Vianova harmless against any claims from third parties resulting from the violation of their rights.
    7. The Customer assumes sole liability in the event of the use of network termination or security equipment that lacks the approval or authorization set out by current legislation, that is not compliant with the requested technical requirements, or that is otherwise different from the equipment provided by Vianova.
    8. In the event of the improper use of the Services pursuant to the above, or in the event of the abuse of the commercial offer purchased, Vianova may terminate this Contract pursuant to and for the purposes of Article 1456 of the Italian Civil Code.
  10. Applicable law, dispute resolution, and competent court
    1. This Contract is governed by Italian law.
    2. Customers claiming the violation of their interests or rights deriving from this Contract or from the telecommunications regulations attributed to the Autorità per le Garanzie nelle Comunicazioni (the Italian Communications Authority) and intending to take legal action are obliged to first bring a mandatory attempt at mediation before Co.Re.Com (the Regional Communications Committee) or another authorized body.
    3. During the mandatory attempt at mediation and until the end of the proceedings, the deadline for taking legal action is suspended.
    4. If no settlement can be reached, the Customer may ask the Authority, Co.Re.Com, or another competent body to settle the dispute with a binding provision.
    5. For any dispute concerning the interpretation and execution of this Contract and in the event of legal action, the Court of Lucca shall have sole jurisdiction.
  11. Notifications of changes to the services being provided, advance notice, and termination period
    1. Vianova may modify the technical and economic specifications of the Services as well as modifying these General Supply Terms and Conditions.
    2. If such changes result in an increase in the price of the Services or are detrimental to the Customer, Vianova will inform the Customer with at least 30 (thirty) days’ notice, granting the Customer the right to terminate the contract within 60 (sixty) days of receiving the aforementioned communication.
    3. The Customer may terminate this Contract by sending a specific notice via registered mail with return receipt or certified email (PEC).
    4. If the termination is completed within 30 (thirty) days of the notice of contractual changes, the previous contractual conditions will apply to the services used by the Customer until the date of their deactivation.
    5. If the termination is completed after the 31st (thirty-first) day, the contractual conditions established from the date of the modification will apply to the Customer for the period exceeding the first thirty days.
    6. Communications to the Customer regarding this article must be in writing and may be included with invoices, sent via fax, PEC, through the Customer Area, or via electronic document, or for mobile services, via SMS, and will be deemed acknowledged if sent to the last address provided by the Customer to Vianova
  12. Communication and contact details
    1. Any communication relating to the execution of this Contract and sent by the Customer to Vianova must be addressed to Vianova – Servizio Clienti – via Montramito 431 – 55054 Massarosa (LU), certified email info@pec.vianova.it, fax 05844244201, or to the email address info@vianova.it.
    2. Vianova will send all communications to the addresses indicated by the Customer in the header of the Contract, or to the addresses indicated by the Customer in the Customer area.
  13. Assignment of the Contract
    1. Vianova will have the right to transfer this Contract, or part of it, to third parties at any time.
    2. The Customer cannot transfer the Contract, even in part, to third parties without the prior written consent of Vianova. If Vianova does not provide this consent, it has the right to terminate the Contract.
  14. Complaints and refund procedure
    1. Refund requests and billing complaints must be sent to Vianova by registered letter with return receipt, certified email, email, or fax to 05844244201 within 30 (thirty) days of receipt of the invoice.
    2. Where due, refunds will be paid within 30 (thirty) days from completion of the necessary checks.
    3. The complaints procedure is indicated in the Service Charter, which is published on this page.
  15. Safety policy
    1. The website www.vianova.it, in compliance with the provisions of Legislative Decree no. 81/2008 and subsequent amendments, indicates the operating methods used to carry out installation and support works at Customers’ premises.
  16. Processing of personal data
    Pursuant to and in compliance with Articles 13 and 14 of Regulation (EU) 2016/679, the General Data Protection Regulation (hereinafter ‘GDPR’), in relation to the personal data of which it will come into possession as the Data Controller, Vianova provides the following policy:
    1. Personal data (as defined by Article 4 no. 1) of the GDPR) provided by the Customer will be processed in accordance with this article and in any case in compliance with the current legislation on the protection of personal data.
    2. The data will be processed for commercial purposes that are connected to or instrumental to the activities of Vianova, and in particular:
      1. for purposes strictly connected to the management of the contractual relationship, where the processing of this data is necessary to execute the Contract to which the data subject is party (the legal basis is the Contract, Article 6 letter b) of the GDPR) (contractual purposes) and to pursue a legitimate interest of the Data Controller (the legal basis is the legitimate interest of the Data Controller, Article 6 letter f) of the GDPR). This legitimate interest consists in carrying out the economic activity of Vianova and, within the limits of the provisions of Article 130, paragraph 4 of Legislative Decree no. 196/2003 (Privacy Code), for the purposes of the direct sale of the company’s services. In relation to Article 130, paragraph 4, as referenced, Vianova uses the email addresses provided by the data subject in the Contract for the purpose of selling services similar to those covered by the same contract, unless the data subject refuses such use, either initially or during subsequent communications. Additionally, to tailor communications to its customers, Vianova analyzes, without automated procedures and also through electronic processing, consumption habits and tendencies, with particular attention to traffic usage, to improve the services provided, meet the specific needs of business customers, and propose new services and products that may meet identified needs. In both cases, the data subject is informed of the possibility to oppose the processing at any time, easily and free of charge, by writing to privacy@welcomeitalia.it.
      2. For fulfilling obligations established by laws or regulations to which the Data Controller is subject (the legal basis is law, Art. 6(c) of the GDPR) (legal obligations);
      3. To provide the necessary information for the conclusion of the contractual proposal (the legal basis is Art. 6(b) of the GDPR) (pre-contractual purposes);
      4. To communicate and/or send, including through automated means, advertising material, informational content, and commercial information via telephone channels, SMS, email, fax, with the legal basis being the explicit consent of the data subject (the legal basis is the consent of the data subject, Art. 6(a) of the GDPR) (direct marketing purposes); to communicate data to Vianova’s commercial partners (e.g., partners) for the sending, including through automated means, of advertising material via telephone channels, SMS, email, fax, with the legal basis being the explicit consent of the data subject (the legal basis is the consent of the data subject, Art. 6(a) of the GDPR) (commercial partners’ marketing purposes). Additionally, the Data Controller reserves the right to use the provided data if it becomes necessary to protect its interests in judicial and administrative venues.
    3. Communication of data
      1. The data will be communicated within Vianova to those in charge of the activities relating to the Vianova services offered and will also be communicated to third parties (by way of example, banks, consultancy companies, technical partners, commercial partners) for the purposes of credit risk protection, information, and commercial communications, in order to guarantee the provision of the Vianova services and to provide the necessary technical, operational support and, eventually, marketing communications.
      2. The scope of this data communication will be that strictly necessary to execute the task assigned by us to the third parties indicated above in the case of the abovementioned purposes with the express consent of the Customer.
      3. In the event that the processed data is transferred to countries outside the European Economic Area, Vianova ensures that the processing of personal data by these entities to whom the data is transferred complies with European Regulation 679/2016, always in accordance with the principles outlined in Article 45 of the GDPR 2016/679 regarding the existence of an adequacy decision by the European Commission. In the absence of such decisions, the transfer will be in compliance with Article 46 regarding the presence of adequate safeguards or in accordance with Article 49.
      4. Vianova has made the necessary designations and appointments, as well as providing the necessary instructions, pursuant to Articles 28 and 29 of the GDPR.
    4. Nature of provision of personal data
      1. The provision of data for the purposes referred to in letter a) of Article 16.2 is a contractual obligation and, in the event that this data is not communicated, Vianova will not be able to provide the services covered by the Contract to which the data subject is party, nor the corresponding support, or proceed with the data subject’s pre-contractual request.
      2. With reference to the purpose referred to in letter b) of Article 16.2, Vianova is required to fulfill the obligations imposed by law (e.g. processing data for the purpose of combating crime, Article 132 of the Privacy Code); consent from the data subject is therefore not required.
      3. The provision of data for the purposes referred to in letters c), d) and e) of Article 16.2, on the other hand, is optional, and any refusal to provide this will prevent Vianova from sending commercial communications, carrying out profiling activities, or communicating this data to its partners for third-party commercial purposes. The data subject always has the right to withdraw consent at any time, without prejudice to the lawfulness of processing based on consent given before this withdrawal.
    5. Processing methods
      1. The data will be processed both in hard copy and electronically and/or automatically, directly and/or through the third parties indicated above.
      2. The data may be processed and organized in databases.
    6. Storage period
      1. Personal data is deleted 10 years after the termination of the contract or the last interaction with the Customer (e.g., invoice or order submission). In the case of an unfinalized contractual proposal, data is deleted 36 months after its receipt.
      2. For the fulfillment of legal obligations, the retention period is prescribed by law, while for marketing purposes, the retention period is 24 (twenty-four) months.
    7. The Data Controller is Vianova S.p.A., with registered office in Via di Montramito 431/A, 55054 Massarosa (LU), email info@welcomeitalia.it and certified email info@pec.vianova.it.
    8. In accordance with Article 37 of the GDPR, Vianova has appointed the company Aksilia srl, Via Fontana 22, Milan, as Data Protection Officer. The email address of the Data Protection Officer is dpo@vianova.it – certified email dpo.consilia.srl@pec.it.
    9. Rights of data subjects
      1. At any time, the Customer may exercise its rights with regard to the Data Controller pursuant to and for the purposes of Articles 15 and following of the GDPR by sending a specific request to the contact details indicated above. In particular, each data subject has the right, at any time, to access personal data, to rectify or erase it, and to restrict or object to its processing, in addition to the right to data portability.
      2. The Customer also has the right to lodge a complaint with the Italian Data Protection Authority.
    10. Further information In the case of a subscription to the Vianova Mobile service:
      1. It will be the sole responsibility of the Customer, in compliance with the obligations of the GDPR, to provide End Users with the privacy policy regarding the methods and purposes of the processing of their data in connection with the provision of the Vianova Mobile service.
      2. The Customer is the independent controller of the personal data of its employees and collaborators and is consequently responsible for processing this data in compliance with the obligations set out by all the applicable regulations in force (Privacy Code, GDPR, Pisanu Decree, Workers’ Decree, etc.).
      3. In particular, the Customer will be required to guarantee that the personal data of End Users is obtained in compliance with the provisions of Law no. 155/2005 (containing ‘Urgent measures to combat international terrorism’) and subsequent amendments and supplements.
      4. It is the Customer’s responsibility to store the data of End Users and to pair this data with the SIM cards assigned to each End User.
      5. It will also be the Customer’s responsibility to collaborate and comply with any requests relating to the personal data of End Users made by Public Security and Legal Authority bodies – even in the case of requests addressed directly to Vianova – and with other requests necessary to fulfill the obligations set out by laws, regulations, or EU legislation.
    11. Processing and nature of traffic data pursuant to Article 123 of the Privacy Code
      1. Vianova processes data relating to telephone and electronic traffic as strictly necessary for billing purposes (by way of example, called number, calling number, date, time, and duration of the connection), for documentation purposes in the event of a billing dispute or for payment demands. This data is stored for a period not exceeding six months, without prejudice to further specific storage required as a result of a dispute, including court proceedings.
    12. Itemized Billing
      1. For fixed network services, Vianova will provide detailed “itemized” billing, displaying all digits of the called numbers, as required by the General Authorization from the Privacy Authority dated March 13, 2008, unless the Customer specifically requests otherwise..
      2. It is the sole responsibility of the Customer to inform the users of the line that the billing will include all called numbers related to the communications documented in the detailed billing.
  17. Interpretation and final provisions
    1. The Contract will be binding on the Parties and their respective successors or legitimate assignees.
    2. The Contract, including the attached documents which form an integral and essential part thereof, contains the complete agreement of the Parties on the matter and replaces any previous agreement or understanding, either verbal or written, previously entered into between the Parties.
  18. Waiver of Consumer Protection
    1. If the Customer is a microenterprise, a small business, or a non-profit organization, they expressly waive the protection provided by Articles 98-quaterdecies (contractual information), 98-septiesdecies, paragraph 1 (maximum contract duration and right of withdrawal), and 98-noviesdecies (bundle offers) of the Electronic Communications Code.

Fixed network services

  1. Conclusion of the Contract
    1. Except as set out in the following article, the Contract is considered concluded when Vianova receives the contractual proposal completed and signed by the Customer, and its duration will begin from the activation date of the Services indicated in the Offer.
    2. The Customer may put forward the Contract proposal
      1. by telephone, with the request confirmation methods set out by the specific legislation on distance communication technology;
      2. by sending the signed Contract proposal by regular mail to Vianova, Via Montramito 431 – 55054 Massarosa (LU);
      3. by faxing the completed and signed Contract proposal to the number 05844244201, or via Vianova’s sales divisions, who will be responsible for collecting the signed Contract form from the Customer.
  2. Technical and financial checks
    1. The proposal is considered irrevocable pursuant to Article 1329 of the Italian Civil Code for a period of 60 (sixty) days following its receipt by Vianova.
    2. Vianova reserves the right not to accept the Contract proposal and not to activate the Services in the following cases:
      1. the Customer has previously been in default in its relationship with Vianova;
      2. the Customer has received a notice of dishonor or is subject to insolvency proceedings;
      3. the Customer is in liquidation, is filing for or is undergoing bankruptcy proceedings;
      4. the Customer intends to resell telephone traffic and connectivity Services to its own Customers using the Vianova network;
      5. for technical/organizational reasons, which Vianova will specify to the Customer.
    3. If the Service cannot be activated for technical reasons that emerge after the proposal has been accepted, such as (by way of example) the unavailability of network resources provided by third parties or the failure of the competent authorities to issue permits, the Contract will be automatically terminated, will have no effect and will not be binding on the Parties, who will have nothing to claim from one another.
    4. In any case, Vianova reserves the right to check the Customer’s financial situation before accepting any order and during the contractual relationship, and it may request a suitable bank guarantee or non-interest-bearing security deposit, the amount of which will be commensurate with the value of the Services requested and the equipment provided.
    5. Vianova may request the addition of a security deposit or bank guarantee at any time if the guarantee provided is no longer adequate.
    6. Even if not expressly accepted, the Contract will be considered to have been validly concluded upon the activation of the Services by Vianova.
  3. Activation of services and equipment
    1. Upon signing the Contract, the Customer is required to declare the list of telephone lines for which it intends to request the provision of the Services, indicating the exact location of the line, documented at the premises covered by the Contract.
    2. The activation times for the Services are listed in the Service Charter, except for those for which the delivery date must be agreed with the Customer, such as (by way of example) fiber optic services.
    3. For fiber access or radio links with a dedicated band, the delivery date will be estimated, taking into consideration the time required to obtain the permits and any authorizations from the relevant authorities for the construction of plant and building works.
    4. These works will be carried out by persons specifically appointed by Vianova and will aim to put in place the necessary infrastructure reaching as far as the Customer’s property; all internal wiring work, meanwhile, is the sole responsibility of the latter.
    5. With regard to Voice Services, where necessary, the Customer must configure its own switchboard, at its own expense, in order to ensure the functionality of the Services acquired from Vianova.
    6. If this Contract provides for the delivery and installation of any network termination and safety equipment on a free loan for use basis, Vianova, or another company appointed by Vianova, will directly handle the delivery and installation at the premises indicated by the Customer, on its own responsibility and at its own expense.
    7. To this end, the Customer hereby authorizes Vianova or the company appointed by it to do the necessary, including accessing buildings, to enable the installation of the equipment, the carrying out of the necessary technical checks, and the fulfillment of any other obligation under the Contract.
    8. The Customer will be responsible for any expenses and compensation related to delays in taking delivery.
    9. The latter is responsible for any activities that may be necessary in order to access and prepare the rooms where installation is taking place, in accordance with the nature of the equipment itself and the technical specifications provided to the Customer in good time for the expected installation date.
    10. Furthermore, the Customer is responsible for all environmental, electrical, and mechanical work to be carried out according to the instructions of Vianova and in compliance with the applicable regulations regarding safety in the workplace (Legislative Decree no. 81/2008 and subsequent amendments and supplements).
    11. Once installation is complete, Vianova will carry out the relevant testing.
    12. Once testing has been successfully completed, the Customer will receive the instructions on the use and operation of the equipment.
    13. The activation of the Service will coincide with the successful completion of testing; the terms for billing and for the application of any repair work will also run from this date. Also for multi-site customers, the billing period starts based on the successful testing of each individual site
    14. Any technical adjustments to the equipment covered by this article that prove necessary for the purposes of providing the Service must be carried out exclusively by Vianova on its own responsibility and at its own expense, or by a company appointed by the latter.
    15. This excludes cases in which defects or failures in the equipment are caused by inexperience, tampering, negligence, and/or carelessness in the use of or storage of the equipment.
    16. In this case, Vianova will replace or repair the equipment for a fee, according to the prices and conditions applicable at the time.
    17. Changes to the configuration of the installed solutions must be requested exclusively from Vianova, with the corresponding contractual terms and conditions to be agreed in advance.
    18. Any relocation/removal of the equipment covered by this provision must be requested exclusively from Vianova, who will charge the Customer for the corresponding expenses.
    19. All the equpiment is on free loan for use. Upon the termination of the relationship for any reason, the goods delivered on a free loan for use basis will remain the property of Vianova and must be returned to the Vianova address by courier at Vianova’s expense (by means of an agreed courier, to be specified at the time) within 30 (thirty) days of termination.
    20. Should the Customer fail to deliver the equipment provided on a free loan for use basis, Vianova will charge the cost of the equipment and any related accessories.
    21. The Customer takes responsibility for storing and safeguarding the equipment kept on a loan for use basis, with due diligence, for the entire duration of the Contract, and in any case until the equipment is returned.
    22. The Customer therefore undertakes to indemnify and hold harmless Vianova against any loss of the equipment and any damage caused to it for any reason attributable to the Customer.
    23. It is understood that, upon the termination of the relationship for any reason, Vianova grants the Customer the right to continue to pay the remaining installments at the same agreed monthly rate or, alternatively, in one lump sum.
    24. In compliance with Resolution no. 348/18/CONS, Vianova grants the Customer the right to choose and purchase one of the devices published on its website. The Customer will receive precise instructions for its configuration via a specific communication; alternatively, support can always be requested from Customer Service.
    25. The operation of the services is not guaranteed in the event that the Customer chooses to configure a device other than the one indicated by Vianova; in these cases, Vianova will guarantee all the support necessary for the operation of its services.
    26. In any case, Vianova is not liable for malfunctions caused exclusively by the operation of the terminal equipment chosen by the Customer.
  4. IP addresses
    1. For connections, Vianova assigns Customers the number of IP addresses required by each individual Service.
    2. Vianova will remain the owner of the addresses in all cases.
    3. Any requests for additional addresses must be submitted to Vianova and will in any case be conditional on acceptance by the competent Authority.
  5. Customer obligations in the use of the Services
    1. Without prejudice to any other obligation set out by law or by the Contract, the Customer undertakes, for the full duration of the Contract:
      1. to use the Services in compliance with all applicable laws and regulations, and not to use the Service to provide services that breach binding regulations on public order and public decency or that may harm the functionality of the Vianova network;
      2. to refrain from transmitting, disclosing, distributing, sending, or putting into circulation by means of the Services any information, data, and/or materials that are obscene, blasphemous, defamatory, or harmful to the rights of third parties or that violate the laws and regulations of the sector, and not to allow third parties to use the Service for the aforementioned purposes;
      3. not to violate, by means of the Services or in domain registration requests, the intellectual and industrial property rights of third parties, not to harm or violate the secrecy of correspondence, and not to violate the privacy of other network users;
      4. to use the Services exclusively within the scope of its own business and not to resell them to third parties;
      5. to store its codes and passwords with due diligence, taking on the consequent responsibility for their use by the Customer itself and by third parties with regard to other Customers and Vianova;
      6. to notify Vianova of any changes to its identification details (by way of example, company name, address, telephone number) with at least 5 (five) working days’ notice, partly to avoid the suspension or interruption of the Service;
      7. to pay, by the established deadlines, the agreed fees for the Services covered by this Contract and any remaining installments of the activation fee in the event that the relationship is terminated early, as well as any deactivation costs.
  6. Fees and billing
    1. For the Services provided, the Customer will pay Vianova the amount due under this Contract and according to the information specified in the Vianova Offer published on the website www.vianova.it, or as outlined in the commercial offer document prepared for the Customer and signed by them.
    2. The statutory VAT will be applied to all billed amounts.
    3. Upon signing, the Customer has the right to request to pay the activation fee in installments, and Vianova has the right to accept.
    4. Invoices for the Services are issued on a monthly basis, and the billing of the monthly fees is in advance.
    5. In the event that the Customer has not reached the minimum taxable amount of 10 euro, billing can be postponed to the following month.
    6. Invoices must be paid within 30 (thirty) days of the date of issue.
    7. Invoices are issued in accordance with the provisions related to electronic invoicing. A courtesy copy published in the Customer Area of the website www.vianova.it in accordance with the law and can be printed in certified true copies or, upon request, sent to the Customer in hard copy format at no additional charge.
    8. Details on traffic documentation will be available free of charge on the website www.vianova.it.
  7. Duration, automatic renewal, and withdrawal
    1. Unless otherwise agreed, this Contract will have, for each individual Service, the agreed duration of 12 (twelve) months from the activation date and will be automatically renewed for 12 months in the absence of a notice of withdrawal sent by registered letter with return receipt or by certified email with a notice period of at least 30 (thirty) days prior to the expiration date.
    2. In the event of early withdrawal with respect to the deadline indicated or agreed, Vianova may request payment of the expenses justified by the costs incurred.
    3. Any transfer to another Operator will take place within the time limits set out by the procedures applied between the Operators and governed by the provisions of the Authority. Consequently, the termination of Services will occur in accordance with the Customer’s wishes and the applicable regulations.
    4. In the event of contract termination, the Customer retains the right to port a number from the national numbering plan to another operator for at least 1 (one) month from the date of termination.
  8. Limitation and suspension of services
    1. With the Offers Vianova Profili and Vianova SIP Trunk paired with Vianova Connect, Vianova routes Voice and Data traffic on dedicated circuits, each of which is configured with a guaranteed and controlled minimum bandwidth, and monitors the status of the network every 60 (sixty) seconds, notifying the Customer in advance of any malfunctions.
    2. In the course of providing the Services, if Vianova verifies or encounters anomalous traffic volumes that are much higher than expected based on the Customer’s declarations or the volumes recorded in previous periods, it may suspend the provision of the Services as a precaution, in addition to requesting that appropriate guarantees be put in place or supplemented.
    3. Vianova may introduce a maximum limit on the size of email messages as well as a maximum number of messages in transit on its network in order to ensure the efficiency of the latter and to avoid attacks aimed at damaging its functionality.
    4. Vianova may suspend the provision of the Services at any time, in whole or in part, including without notice, in the event of faults in the network or in the equipment necessary to provide the Services, if provided on Vianova network.
    5. The suspension of the Services, as ordered by Vianova for any reason on the basis of these contractual conditions, must nevertheless allow the Customer to use emergency numbers and to receive calls in all cases where this is technically possible.
    6. The Customer is informed that the IP telephony service cannot be used in the event of a power failure and that the activation of the Service does not guarantee the functionality of any ancillary Services provided by third parties whose operation is based on the use of the telephone line (e.g. alarm systems, remote-controlled personal alarms, etc.).By signing the Vianova SIP Trunk Offer, the Customer acknowledges that the provision of the Service is dependent on the quality of the connectivity service provided by third parties, and that without a Vianova data connection, Vianova cannot guarantee Quality of Service (QoS).
    7. In this case, the Customer is also informed that the IP telephony service allows users to call with a ‘Caller ID’ that does not correspond to their actual location.
    8. Emergency calls made in nomadic mode will be routed to the call center of the district corresponding to the calling number’s area code, regardless of the district from which the call is originated.
  9. Express termination clause
    1. Vianova will have the right to terminate the Contract pursuant to and for the purposes of Article 1456 of the Italian Civil Code by simply sending a registered letter with return receipt or a certified email in the event of a failure to pay invoices within the assigned payment term, as well as in the event of the violation of the obligations set out in Article 5 and in the event that one of the causes set out in Article 2 arises.
    2. In the event of the termination of the contract, the Customer will pay Vianova the fees accrued up to the termination date, without prejudice to Vianova’s right to any compensation for greater damages.

Cloud service

  1. Subject of the service
    1. The subject of the service is the supply by Vianova to the Customer of the Vianova Cloud Service (hereinafter referred to as the ‘Service’), i.e. the granting to the Customer of the right to use a part of the storage and processing capacity of the physical servers, equipped with an operating system, installed at Vianova’s Server Farm, which host the Customer’s software and data, which can be managed independently from Costumer Area .
  2. Supply terms and conditions
    1. The technical and economic characteristics of the Service and the operational methods of supply and Customer use are described in the documents ‘Offerta Vianova’ (Vianova Offer) e ‘Sede Vianova’ (Vianova Office).
    2. The Service is provided through customizable and scalable solutions, which can be consulted in the dedicated section of the website, where the technical specifications, costs, and operational procedures for Service delivery are also outlined.
    3. The Customer assumes responsibility and is solely liable for choosing the type of configuration best suited to its needs and the type of operating system (e.g. Linux or Windows).The configurations of individual resources are carried out by the Customer independently through their Customer Area.
    4. Vianova undertakes to use state-of-the-art technology and the best resources at its disposal to provide the Service and to ensure that network equipment functions correctly for Internet connectivity purposes.
    5. The Service will normally be available 24 hours a day, excluding any suspensions for maintenance purposes.
    6. Vianova, with at least 3 (three) business days’ notice, may perform scheduled maintenance or replace hardware equipment, which may result in Service interruptions. Vianova will not be required to provide any compensation to the Customer for such interruptions.
    7. In the event of extraordinary service disruptions, Vianova commits to promptly notify the Customer and to take immediate action to resolve the issue and mitigate its effects.
  3. Access codes
    1. Vianova will provide the Customer with the access codes to access the Service at the administrator level. The Customer is required to change these codes when accessing for the first time.
    2. The Customer:
      1. acknowledges and accepts that third parties gaining knowledge of their passwords could allow unauthorized use of the Service registered to them, as well as access to their programs and data;
      2. commits to keeping and using such passwords with the utmost confidentiality and care;
      3. will be held responsible for any damage caused to Vianova or third parties due to failure to comply with the above;
      4. also commits to promptly notify Vianova in writing of any theft, loss, or misplacement of access credentials;
      5. Agrees to immediately inform Vianova of any unauthorized use of their account or any other detected security breach.
  4. Modification of Selected Configuration
    1. The Customer may, at any time, choose a different configuration for the Service (RAM, disk space, Internet bandwidth, etc.) and modify it independently through their Customer Area. Vianova cannot be held responsible for any data loss resulting from the configuration change.
  5. Prohibition on subletting
    1. Under its own responsibility, the Customer undertakes not to transfer the rental of the Service to third parties for any reason, to respect Vianova’s rights to the Service, and to ensure that third parties respect these rights.
  6. Software
    1. The Customer is responsible for any damage caused to itself, to Vianova, or to other Customers by the inappropriate installation of software, by the installation of software that is not licensed or that is harmful, or by the execution or development of harmful software.
    2. Vianova reserves the right to suspend the Customer’s use of the Service at any time and without prior notice if the software installed by the Customer causes damage, decreases the level of security, or is used for illegal activities.
    3. Microsoft Licenses (hereinafter “Licenses”), if provided, are owned by Microsoft and granted to Vianova, as a Cloud Provider, for the provision of the Service. Vianova grants the Customer the use of the Licenses for the duration of the Service.
    4. As an alternative to the provisions in Article 6.3, the Customer may use their own Licenses; in such cases, they are required to comply with the terms of Microsoft’s Flexible Virtualization Benefit.
    5. Vianova reserves the right to conduct audits at the Customer’s premises to verify compliance with the terms and conditions set by Microsoft for the proper use of the Licenses.
    6. If the Customer uses virtual machines not covered by Licenses or fails to comply with any of the conditions set forth in this Article 6, Vianova will issue a notification, including via email, inviting the Customer to resolve the non-compliance. Should the non-compliance persist, Vianova reserves the right to suspend the Service.
  7. Server Farm
    1. The servers used to provide the Service are housed in the Server Farm of Vianova.
    2. Vianova reserves the right to transfer the equipment covered by this Service to any other location that it deems more appropriate. Prior notice of this will be provided to the Customer.
  8. Disaster Recovery
    1. The Disaster Recovery service allows for the restoration of service operations following a disaster at the primary Data Center by restarting virtual machines in Vianova’s secondary Data Center.
    2. The RTO (Recovery Time Objective), defined as the time required to restart the virtual machines, is set at 10 minutes.
    3. The RPO (Recovery Point Objective), defined as the maximum tolerated data loss, is zero.
    4. If the Disaster Recovery service is not subscribed to, the Customer will still have access to a duplicate copy of the data at the secondary Data Center. However, the restoration of virtual machines will be the Customer’s sole responsibility; in such a case, Vianova does not guarantee the availability of sufficient resources to restart the virtual machines in the secondary Data Center.
  9. Obligations, restrictions, and responsibilities of the Customer
    1. The Customer undertakes:
      1. to use the Service only for the uses permitted by law. By way of example, the following are prohibited:
        • publishing material that infringes upon intellectual property rights, trade secrets, trademarks, patents, or other legal or customary rights;
        • the content of which is contrary to public decency and public order and aims to disturb public or private peace or to cause offense or direct or indirect damage to any person;
        • the content of which includes child pornography;
        • that is capable of breaching or attempting to breach the confidentiality of private messages or is aimed at damaging the integrity of the resources of others or causing direct or indirect damage to any person (unlicensed software, cracks, key generators, serials, viruses, worms, Trojan horses, or other harmful components);
        • that is capable of spamming or equivalent actions.
      2. to ensure that the personal data communicated for the full implementation of the Service is correct, up to date and truthful, and that this data allows the Customer’s true identity to be identified;
      3. to indemnify and hold harmless Vianova against any liability in the event of reports, legal action, administrative or judicial action, and losses or damages (including legal fees) resulting from the illegal use of the service by the Customer;
      4. to follow any technical instructions provided by Vianova regarding the use of hardware and software so that they are used correctly and appropriately;
      5. to acknowledge that it is solely and exclusively liable for activities carried out through the Service or directly or indirectly attributable to it, and in particular to be liable for content published, disseminated, and transmitted through the Service.
    2. Vianova reserves the right to suspend the Service, notifying the Customer, if, at its sole discretion or by means of third-party reporting, it deems that the Customer is carrying out activities that breach the obligations set out in this article, should there be justified security or confidentiality reasons.
    3. In this case, the Customer, having been notified by Vianova via email, must immediately eliminate the causes of the complaint or provide adequate documentation proving that the activities in question are in full compliance with the applicable regulations.
    4. If the Customer fails to respond immediately, Vianova will have the right to terminate the contract immediately, without prejudice to the right to full payment of the Service fee or to Vianova’s right to take action in order to be fully compensated for any damages incurred.
    5. In any case, it is expressly understood that Vianova, with respect to the Service, is not subject to any general obligation of surveillance. Therefore, Vianova neither monitors nor supervises the actions or behaviors carried out by the Customer through these infrastructures, nor does it monitor or supervise the information and/or data and/or content entered into the infrastructure itself. Vianova is and remains uninvolved in the activities the Customer performs when accessing remotely through the Access Codes mentioned in Article 4 of these Terms and Conditions.
    6. Vianova continuously monitors its services to ensure maximum availability and performance. The SLA (Service Level Agreement) guarantees 99.5% availability on a monthly basis. The Customer can request a monitoring report of the Service by contacting Customer Service.
    7. The Customer is responsible for updating the security systems of their virtual machines. Any damages, including those to third parties, resulting from the failure to update the virtual machines’ security systems will not, in any way, be attributable to Vianova and will remain the sole responsibility of the Customer.
  10. Limitation of liability
    1. Vianova guarantees the Customer 99.5% availability (on a monthly basis) for access to the virtual infrastructure and use of the Service.
    2. Vianova’s obligations and responsibilities toward the Customer are defined by these Terms and the Vianova Service Charter; therefore, in any case of violation or breach attributable to Vianova, it will be liable only within the limits established by the SLA. Any other compensation or reimbursement to the Customer for direct or indirect damages of any kind or nature is expressly excluded.
    3. Under no circumstances can Vianova be held liable for direct or indirect damage caused to users of the Service due to the improper use of the Service or due to a failure to comply with the rules and obligations described in these contractual conditions, for events beyond its reasonable control that are not directly attributable to Vianova, including, by way of example:
      1. force majeure events, unforeseeable and unavoidable events beyond Vianova’s control, such as, by way of example, earthquakes, floods, wars, embargoes, strikes, and government authority rulings.
      2. events dependent on the actions of third parties, such as, for example, interruptions to or malfunctions in the services of telecommunications operators or of power lines;
      3. malfunctions in the terminals or other systems of communication used by the Customer.
    4. Vianova will also be exempt from any liability in the event of the destruction, loss, theft, damage, or deterioration (even if only partial) of the hardware or software for any reason not deriving from its own gross negligence and/or from configuration changes as per Article 7 or other activities performed by the Customer
    5. In any case, the Customer undertakes to indemnify and hold harmless Vianova against any and all claims brought by third parties against it for the possible damage indicated above.
    6. Vianova cannot be held responsible for any violation by the Customer of Microsoft’s terms and conditions for the use of Licenses, which the Customer declares to be aware of and accept by signing the Contract.
    7. In the case of using their own Licenses, Vianova will not be held liable for any non-compliance with Microsoft’s Flexible Virtualization Benefit terms by the Customer.
    8. Vianova may, at its discretion and with adequate notice, modify or revise the functionalities or features of the Service for technical reasons during planned interventions, while ensuring adequate functionality is maintained at all times.
    9. The Customer is required to perform a full backup of their data and/or content processed through the virtual infrastructure and to take all necessary security measures to safeguard it.⦁ Vianova cannot be held responsible for any violation by the Customer of Microsoft’s terms and conditions for the use of Licenses, which the Customer declares to be aware of and accept by signing the Contract.
    10. In the case of using their own Licenses, Vianova will not be held liable for any non-compliance with Microsoft’s Flexible Virtualization Benefit terms by the Customer.
    11. Vianova may, at its discretion and with adequate notice, modify or revise the functionalities or features of the Service for technical reasons during planned interventions, while ensuring adequate functionality is maintained at all times.
    12. The Customer is required to perform a full backup of their data and/or content processed through the virtual infrastructure and to take all necessary security measures to safeguard it.
  11. Duration and withdrawal
    1. The Service can also be activated without a contract for Vianova fixed network services.
    2. The duration of the Service is the same as that of the Vianova fixed network services contract, if signed; otherwise, it will have the duration agreed upon by the Parties in the specific contractual form.
    3. The Customer may terminate the Contract at any time by sending a communication to Vianova via certified email (PEC) to the address info@pec.vianova.it with 30 (thirty) days’ notice.
    4. In the event of the termination of the contractual relationship with Vianova or the cancellation of the Service, in addition to the deactivation of the functions of the Service, all data and materials entered by the Customer and present on the Vianova servers will be deleted; in no way will Vianova be responsible for maintaining or saving said data or materials.
    5. It will therefore be the Customer’s responsibility to save the data on a different medium before the agreed expiration date.
  12. Contract Modification
    1. The Customer acknowledges and accepts that the Service is based on continuously evolving technology. For this reason, Vianova reserves the right to improve the technical and economic characteristics of the Service and its related tools, and to amend these Terms at any time, even after the Contract has been signed, without imposing any obligations on the Customer.
  13. Reference
    1. For anything not expressly regulated herein, the general terms and conditions for Vianova services and the specific details outlined on the individual Service pages on the website will apply to the Cloud Service.

CEM service

  1. Subject of the service
    1. The following specific contractual conditions, together with the Operating Manual prepared by the Operator and published at the link https://www.pec.it/termini-condizioni.aspx, govern the methods and terms according to which Vianova grants the Customer the right to use the CEM service, managed by Aruba PEC spa, with the technical and economic characteristics of the Vianova Commercial Offer and as indicated in the operating manual prepared by the Operator:
  2. Definitions
    • Vianova: party that, by virtue of an independent contract entered into with the certified email operator Aruba PEC spa, registered in the public directory of Operators held by the CNIPA, is authorized to grant the right to use the CEM service to third parties and is competent to issue invoices to Customers as a result of the service provided to them;
    • Customer: party to which Vianova grants the use of a single certified email mailbox activated with the CEM service
    • Operator: Aruba PEC spa (VAT number 01879020517);
    • CEM: Certified Electronic Mail;
    • CEM service: Certified Electronic Mail service;
    • CEM domain: Certified Electronic Mail domain;
    • CEM mailbox: Certified Electronic Mail mailbox defined within a CEM domain, associated with a ‘transport’ system for computer documents that has significant similarities with the ‘traditional’ electronic mail service, but with the addition of characteristics that allow users to be certain (with legal value) that email messages have been sent and delivered to the recipient (or not);
    • CNIPA: Centro Nazionale per l’Informatica nella Pubblica Amministrazione (National Center for Information Technology in the Public Administration), now known as DigitPA pursuant to Legislative Decree no. 177/2009.
  3. Changes to the service supply terms and conditions
    1. Vianova reserves the right to fully manage the CEM service, taking over from Aruba PEC spa, if it becomes an authorized CEM operator. The Customer will be notified of this change in writing.
    2. If Vianova makes changes to these Specific Terms and Conditions, said changes will be communicated to the Customer in writing and will come into effect 30 (thirty) days after the date on which this notification is sent.
    3. Within the same period, the Customer may exercise its right to withdraw from the service by communicating this in writing via certified email (CEM) to the address info@pec.vianova.it.
    4. Should the Customer not exercise its right to withdraw according to the terms and in the manner indicated above, the changes will be considered as definitively acknowledged and accepted by the Customer and will come into effect at the end of the 30 (thirty) day period indicated above.
  4. Requirements
    1. The Customer is required to independently obtain the hardware and software resources necessary to use the CEM service; in this regard, the Customer assumes all responsibility for their functionality, their compatibility with the aforementioned service, and their correct configuration.
  5. Documentation
    1. The CEM service can be activated upon receipt of the CEM application form, the self-certification (with signature on the original), and a copy of a valid identity document.
    2. Vianova reserves the right not to activate the service in the event that the signature on the documentation is not consistent with the signature on the attached identity document.
  6. Obligations, restrictions, and responsibilities of the CEM mailbox holder
    1. The Customer undertakes to:
      1. indemnify and in any case hold harmless Vianova against any liability regarding the content of messages and all information published on the Internet;
      2. use the service only for the uses permitted by law. Purely by way of example, it is prohibited to send, transmit, or share material:
        • that violates or infringes upon intellectual property rights, trade secrets, trademarks, patents, or other legal or customary rights;
        • the content of which is contrary to public decency and public order and aims to disturb public and/or private peace or to cause offense or direct or indirect damage to any person;
        • the content of which includes child pornography or pornography, or is obscene and in any case contrary to public decency;
        • that is capable of breaching or attempting to breach the confidentiality of private messages or is aimed at damaging the integrity of the resources of others or causing direct or indirect damage to any person (pirated software, cracks, key generators, serials, viruses, worms, Trojan horses, or other harmful components); e) capable of spamming or equivalent actions;
      3. ensure that the personal data communicated for the full implementation of the service is correct, up to date and truthful, and that this data allows the Customer’s true identity to be identified;
      4. to indemnify and hold harmless the Operator and Vianova against any liability in the event of reports, legal action, administrative or judicial action, and losses or damages (including legal costs and fees) resulting from the illegal use of the services by the User.
  7. Limitation of liability
    1. The Customer acknowledges and accepts that third parties that know the Customer’s password may be able to make improper use of the services in the Customer’s name, as well as being able to access the Customer’s email mailbox.
    2. The Customer therefore undertakes to store and use this password with the utmost confidentiality and diligence.
    3. The Customer will be held responsible for any damage caused to the Operator and to Vianova and/or to third parties due to a failure to comply with the above.
    4. The Customer also undertakes to notify Vianova promptly in writing of any theft or loss of its access credentials.
    5. Under no circumstances can Vianova and the Operator be held liable for direct or indirect damages:
      1. Damages caused to anyone, including the Customer, resulting from the unauthorized publication by third parties of texts entered into the network or disseminated by Customers holding PEC mailboxes;
      2. Damages caused to service users due to improper use of the system or failure to comply with the rules and obligations described in these contractual conditions and in the Operational Manual provided by the Manager;
      3. Damages arising from force majeure, unforeseen circumstances, or catastrophic events (such as, but not limited to: fires, earthquakes, explosions, etc.);
      4. Damages caused by the content of messages sent and received through the PEC Service, it being understood that the civil and criminal responsibility for the contents sent via PEC lies solely with the Customer;
      5. Damages of any kind suffered by anyone, resulting from incorrect use of the access password;
      6. Damages of any nature and extent suffered by the Customer and/or third parties caused by tampering or interventions on the service or equipment carried out by the Customer and/or unauthorized third parties not approved by Vianova.
    6. In any case, the Customer undertakes to indemnify and hold harmless the Operator and Vianova against any and all claims brought by third parties against them for the possible damage indicated above.
    7. Without prejudice to the above, in any case, the Customer acknowledges and expressly accepts that for any type of damage deriving from the use of the CEM service, except in cases of willful misconduct or gross negligence, the potential liability of Vianova will be limited to any fee paid or owed for the individual mailbox according to the contractual agreements.
    8. The Customer must notify Vianova of any dispute within 15 days from the date of the event via certified email at the address info@pec.vianova.it, under penalty of forfeiture.
  8. Traffic data
    1. The Customer acknowledges that, as required by the current legislation on CEM (Presidential Decree 68/2005, Article 11), message logs will be stored by the Operator for at least 30 (thirty) months.
    2. The Customer may therefore request a copy of these logs within this period, after which the possibility of obtaining a copy of this documentation will no longer be guaranteed.
    3. With regard to any other logs generated and stored by the Operator, these will be displayed in compliance with current legal provisions and will constitute full and incontrovertible proof of the deeds and acts carried out by the Customer.
  9. Changes to personal data
    1. Any change relating to personal data must be communicated to Vianova in writing.
    2. Failing this, Vianova will not be able to proceed with the requested change.
    3. To change the Account Holder, the transferor and the transferee must send a specific declaration signed by both, expressly authorizing Vianova to provide the access credentials for the mailboxes and the corresponding contents to the new Account Holder.
    4. Failing this, Vianova will not be able to proceed with the requested change. The new Account Holder of the CEM mailboxes is required to send the documentation set out in point 5 above according to the procedure indicated therein.
    5. The new Account Holder is required to change the password upon accessing the mailbox for the first time and hereby exempts Vianova from any liability in the event of the unlawful use of the aforementioned credentials by unauthorized third parties.
    6. In the event of the death of the Account Holder of the CEM domain and/or the CEM mailbox, the heirs, after having sent to Vianova the documentation attesting to this entitlement and the additional required documentation indicated in point 5, may request to be notified of the password to access the Service within 60 (sixty) days of the previous Account Holder’s death. In any case where the Owner of the CEM mailbox is changed, the transferee or assignee will take over the rights and obligations of the transferor.
  10. Duration and withdrawal
    1. The duration of the CEM service is equal to that of the signed Vianova contract, to which the CEM mailbox is an ancillary service.
    2. The Customer may withdraw from the service by sending Vianova a notice of termination via CEM by means of a message from its certified email address to the CEM mailbox info@pec.vianova.it with 30 (thirty) days’ notice.
    3. It is understood that, in the event of the termination of the contractual relationship, the PEC mailboxes activated on the domain pec.wmail.it will no longer be made available by Vianova and will be deactivated within 30 (thirty) days from the termination of the Service, without any liability on Vianova’s part for the retention or backup of the mailboxes.
    4. It will therefore be the Customer’s responsibility to back up the data to another medium or take any other action deemed useful or necessary before the indicated expiration date.

    11. Hosting service

  1. Subject of the Service
    1. The subject of the service is the supply by Vianova to the Customer of the Vianova Hosting service (hereinafter Hosting service), i.e. providing of web space for the hosting of websiste on Linux Platform.
  2. Service supply terms and conditions
    1. The technical and economic characteristics, as well as the operational procedures for the provision and use of the Hosting Service by the Customer, are described in the dedicated section of the website www.vianova.it/offerta-fisso/servizi/hosting.
    2. The Hosting Service is offered on a shared platform and is customizable as indicated on this page. It is provided in collaboration with Host spa, a company within the Vianova Group.
    3. The Hosting Service will generally be available 24 hours a day until its termination, except for and excluding possible suspensions for maintenance work; in the case of extraordinary maintenance (such as, but not limited to, migration to new servers), which may result in the temporary unavailability of the Hosting Service, Vianova commits to promptly informing the Customer.
    4. In the event of extraordinary failures, Vianova commits to promptly notifying the Customer.
    5. Vianova undertakes to ensure a professional level of service provision according to industry standards, exercising due diligence and for the time strictly necessary to deliver the requested Hosting Service.
  3. Service Activation
    1. The Hosting Service is activated in accordance with the time required by the availability of hardware resources and, in any case, as quickly as possible.
  4. Obligations, restrictions, and responsibilities of the Customer
    1. The Customer undertakes to:
      1. Use the Hosting Service solely for purposes permitted by law, with the prohibition of, by way of example but not limited to:
        • Publish material that infringes intellectual property rights, trade secrets, trademarks, patents, or other legal or customary rights;
        • Publish content that is against public morals and order with the intent to disturb public or private peace, or to cause direct or indirect offense or harm to anyone;
        • Publish content of a child-pornographic nature;
        • Publish terrorist content;
        • Publish content intended to violate or attempt to violate the confidentiality of private messages, or designed to damage the integrity of others’ resources or cause direct or indirect harm to anyone (such as unlicensed software, cracks, key generators, serial numbers, viruses, worms, trojan horses, or other harmful components);
        • Engage in spamming or equivalent actions.
      2. Ensure that the personal data provided for the complete execution of the Hosting Service is accurate, up-to-date, and truthful, allowing the Customer’s true identity to be identified;
      3. Indemnify and hold Vianova harmless from any liability in the event of complaints, legal actions, administrative or judicial actions, losses, or damages (including legal fees) arising from the illegal use of the Hosting Service by the Customer;
      4. Comply with any technical instructions provided by Vianova regarding the proper use of the Hosting Service (for example, but not limited to: using web space for backing up content from remote computers, or as a generic file storage system);
      5. Acknowledge that they are solely and exclusively responsible for the activities carried out through the Hosting Service or directly or indirectly attributable to them, and in particular, for the content published, disseminated, and transmitted via the Hosting Service.
    2. Vianova reserves the right to suspend the Hosting Service, with notice to the Customer, if, at its sole discretion or through third-party reports:
      1. It believes that the Customer is engaging in activities that violate the obligations set forth in this article;
      2. There are justified security or confidentiality concerns.
    3. In such cases, the Customer, following a notification from Vianova (even via email), must immediately eliminate the causes of the violation or provide appropriate documentation proving full compliance with the applicable regulations regarding their activities.
    4. If the Customer does not promptly respond, Vianova will have the right to terminate the Hosting Service, without prejudice to Vianova’s right to seek full compensation for any damages incurred.
    5. The Customer acknowledges and accepts that, in the event of a malfunction or failure that poses a risk to the network and/or individuals, Vianova reserves the right to immediately disconnect the servers, with prompt notification to the Customer.
    6. Vianova shall not be required to provide any compensation to the Customer for interruptions and/or disconnections as mentioned in the preceding paragraphs.
    7. It is expressly understood that Vianova is not subject to any general obligation of surveillance. Therefore, Vianova neither monitors nor supervises the Customer’s behavior or actions via the Hosting Service, nor does it monitor or supervise the information, data, or content processed by the Customer or their agents and/or collaborators through the Hosting Service. Vianova remains uninvolved in the activities performed by the Customer autonomously through remote internet access using Hosting Service credentials.
    8. Vianova assumes no responsibility for the information, data, or content uploaded, transmitted, or processed by the Customer via the Hosting Service, nor for the general use of the Hosting Service by the Customer. Vianova reserves the right to take any necessary actions to protect its rights and interests, including providing relevant information to involved parties that may assist in identifying the Customer.
  5. Prohibition of Subleasing
    1. The Customer undertakes, under their own responsibility, not to transfer the Hosting Service to third parties under any circumstances and to respect and ensure that third parties respect Vianova’s rights to the Hosting Service.
  6. Software
    1. The Customer is responsible for any damage caused to themselves, Vianova, or other Customers due to the inappropriate installation of software, the installation of unlicensed or harmful software, or the execution or development of malicious software.
    2. Vianova reserves the right to suspend the Hosting Service to the Customer at any time and without prior notice if the software installed by the Customer causes harm, reduces security levels, or is used for illegal activities.
    3. The Customer is required to use the Hosting Service in compliance with Vianova’s intellectual and/or industrial property rights. The software, like any other copyrighted material or intellectual property, is the exclusive property of Vianova and/or its licensors. Therefore, the Customer does not acquire any rights or titles concerning it and is required to use it only during the contractual period.
    4. In the case of licenses provided by third-party vendors through Vianova, the Customer acknowledges having reviewed the terms and agrees to use the software according to the guidelines on the respective websites, exclusively for personal use. The Customer commits to accepting and adhering to the terms of these licenses. The Customer acknowledges that the licenses are between the Customer and the copyright holder, excluding any liability on the part of Vianova.
  7. Limitations of Liability
    1. The Customer acknowledges and accepts that third parties gaining knowledge of their access codes could enable unauthorized use of the Hosting Service registered to them, as well as access to their programs and data.
    2. The Customer commits to keeping and using these codes with the utmost confidentiality and diligence.
    3. The Customer will be held responsible for any damage caused to Vianova or third parties as a result of failing to comply with the above.
    4. The Customer also agrees to promptly notify Vianova in writing of any theft, loss, or misplacement of access credentials.
    5. The Hosting Service provides automatic backups: daily for the last 10 days, weekly for the last 4 weeks, and monthly for the last 3 months. This reduces the risk of data loss and makes it easier for the Customer to access copies of the data, but does not guarantee that such backup copies will always be available when needed. Therefore, Vianova disclaims any liability for the total or partial loss or damage of data, information, or content due to a backup failure. Any reimbursement, compensation, or liability for data loss, downtime, or the inability to use services offered to the Customer is explicitly excluded.
    6. Vianova will not be held liable for any direct or indirect damages caused to users of the Hosting Service due to its improper use or failure to comply with the rules and obligations described in these contractual terms, or for events beyond its reasonable control that are not directly attributable to Vianova, such as, but not limited to: force majeure events; third-party causes such as, but not limited to, interruption or malfunction of telecommunications services or power lines; malfunction of terminals or other communication systems used by the Customer.
    7. Vianova will also be exempt from liability in the event of destruction, loss, theft, damage, or partial deterioration of hardware, software, and/or the data contained therein for any cause not resulting from its own gross negligence.
    8. The Customer agrees to indemnify and hold Vianova harmless from any claims made by third parties regarding the aforementioned damages.
    9. Vianova, with appropriate notice, may also, at its discretion and for planned interventions, modify or revise the functionalities or characteristics of the Hosting Service for technical reasons, ensuring adequate functionality at all times.
  8. Information security
    1. The Customer, acknowledging that Vianova has obtained ISO 27001 certification and other means and/or tools deemed suitable to effectively safeguard the security of information (physical, logical, IT, and organizational), commits not to disclose or make available in any way to third parties the confidential information known or managed in relation to the execution and/or application of the Contract without Vianova’s specific written consent.
  9. Duration and Termination
    1. The duration of the Hosting Service is equal to or less than that of the Vianova Contract to which the Hosting Service is an ancillary service.
    2. The Customer may terminate the Hosting Service by sending Vianova a notification via certified email (PEC) to info@pec.vianova.it with 30 (thirty) days’ notice. Vianova will suspend the Hosting Service for 30 (thirty) days, after which it will be permanently deactivated following an additional 30 (thirty) days.
    3. In the event of termination of the Contract with Vianova, the Hosting Service will be deactivated at the same time as the termination of the Contract.
    4. In specific and exceptional cases, Vianova reserves the right to evaluate the above-mentioned timelines.
    5. It is understood that the deactivation of the Hosting Service will result in the disabling of the related functions and the removal of all data and files uploaded by the Customer and stored on Vianova’s servers, with no liability on Vianova’s part for the retention or backup of said data.
    6. It is therefore the Customer’s responsibility to back up the data on another medium or take any other actions deemed useful or necessary before the indicated expiration date.
    7. In any case, Vianova retains a backup of data and files for 90 (ninety) days following the deactivation of the Hosting Service, available upon the Customer’s specific and justified request.
    8. Any reimbursement from Vianova to the Customer for the period during which the Hosting Service was not used is explicitly excluded.

    10. Domain service

  1. Subject of the Service
    1. The subject of the service is the supply by Vianova to the Customer of the Domain service, i.e. operations to register, transfer, and maintain the Internet domains as requested by the Customer, hereinafter referred to as ‘Domain Service’.
  2. Service supply terms and conditions
    1. The technical and economic characteristics of the Service are described in the Vianova Offer.
    2. The rules and requirements for the assignment of top-level domains (abbreviated to ‘TLD’) are dictated by the competent authorities. As an example, for Italian domains (e.g., azienda.it), the conditions of the Registro.it authority apply, and they can be consulted on their website.
    3. Vianova acts as an intermediary between the Customer and the TLD assignment authority and has no influence over the assignment of domains.
  3. Service activation
    1. Vianova proceeds to register domain names in chronological order of the requests received, provided they are accompanied by confirmation of payment for the agreed fee for domains beyond the first one, where already included in the Vianova Offer signed.
    2. It is understood that:
      • The success of the registration request is subject to approval by the relevant Registration Authority for the chosen domain extension;The success of the registration request is subject to approval by the relevant Registration Authority for the chosen domain extension;
      • Domain names that appear available at the time of order may, in fact, not be available, as they may already be in the process of being registered by third parties, even if they are not yet listed in the databases of the relevant Registration Authority.
      • Domain names that appear available at the time of order may, in fact, not be available, as they may already be in the process of being registered by third parties, even if they are not yet listed in the databases of the relevant Registration Authority.
  4. Documentation
    1. The Service can be activated upon receipt of the ‘Domain’ form signed by the Customer, with the characteristics indicated therein.
  5. Obligations, restrictions, and responsibilities of the Customer
    1. The Customer undertakes to:
      1. ensure that the personal data communicated to execute the Service is correct, up to date and truthful;
      2. immediately notify Vianova on each occasion of any changes to the data provided;
      3. consult the rules and requirements set out by the TLD assignment authority. This applies in particular to authorizations, licenses, and other permits or clearances from public regulators or supervisory bodies and the like.
    2. In the event of a failure to comply with the above, Vianova reserves the right to suspend the Service.
    3. In this case, the Customer, having been notified by Vianova, must immediately eliminate the causes of the complaint or provide adequate documentation proving that it is in full compliance with the applicable regulations.
  6. Limitations of liability
    1. In the event of a domain transfer, the Customer releases Vianova from any liability for any direct or indirect damages of any kind suffered or to be suffered as a result of or related to the transfer. This includes, but is not limited to, the total or partial loss or damage of data and/or information and/or content entered and/or processed by the Customer via the Domain Service, total or partial interruption of the Hosting Service, and damages resulting from the lack of visibility of content previously present on the domain name.
    2. If a domain name, registered and/or maintained at the relevant Registration Authority through the Hosting Service provided by Vianova, is transferred to another provider before the Contract expires, Vianova will no longer manage the domain from the time the transfer procedure is completed.
  7. Duration and withdrawal
    1. The Service has a duration of one year and will be automatically renewed upon expiration for the entire duration of the signed Vianova Contract.
    2. The Customer may terminate the Domain Service by sending a notification to Vianova via certified email (PEC) to info@pec.vianova.it with 30 (thirty) days’ notice.
    3. In the event of termination of the Domain Service or the Vianova Contract, and in the absence of transfer requests, the domain will expire:
      1. For .it domains, according to the conditions set by the Registro.it authority, which can be consulted on their website;
      2. For all other TLDs (e.g., .com, .eu, .biz, .cloud), one year after the last renewal, unless the Customer requests immediate termination.
    4. If a domain transfer is requested before the Contract’s expiration, the Domain Service will be considered terminated at the end of the transfer process if it concludes before the original expiration date; otherwise, it will terminate on the originally agreed-upon date.
    5. Any refund from Vianova to the Customer for the period in which the Domain Service was not used is explicitly excluded.
  8. Privacy
    1. The Customer has the right to make the details of the Owner of the domain public via Whois lookup, indicating this choice in the relevant section of the ‘Domain’ form.
    2. Following a request to conceal this information, some data defined as mandatory by the TLD assignment authority will remain visible via Whois lookup.

Colocation service

  1. Subject of the Service
    1. The subject of the Contract is the supply by Vianova to the Customer of the Colocation service, i.e. of technologically equipped spaces in cabinets situated within Vianova’s Data Centers and of connectivity, power supply, and air conditioning services, allowing the Customer to install its own equipment there.
    2. The Customer can also install any additional equipment made available on a loan for use basis by Vianova.
    3. The equipment owned by the Customer and those provided by Vianova on a loan basis are insured by Vianova against theft, fire, and other damages to the property, according to the terms and limits set by the insurance policy.
  2. Activation and billing
    1. The activation of the Service means the preparation of dedicated cabinets for the installation of the equipment by the Customer.
    2. The Service is activated within 30 (thirty) calendar days of the date on which the Contract is concluded.
    3. It is understood that the Customer, on its own responsibility and at its own expense, will have to install the servers and/or equipment, whether its own or rented from third parties, in the cabinets reserved for it in the Data Center.
    4. Upon completing the preparation of the cabinets, Vianova will notify the Customer of the earliest possible date for the installation of the equipment and may invoice the service from the installation date or in any case 15 (fifteen) days after the earliest possible date communicated to the Customer.
  3. Obligations, restrictions, and responsibilities of the Customer
    1. The Customer undertakes:
      1. to use the service only for the uses permitted by law;
      2. to ensure that the personal data communicated for the full implementation of the Service is correct, up to date and truthful, allowing the Customer’s true identity to be identified;
      3. to be in compliance with the licenses of the software independently installed and used on its servers or equipment, and to bear the related costs;
      4. to follow the technical instructions provided by Vianova regarding the use of hardware and software so that the Service is used correctly and appropriately;
      5. to comply with the technical, environmental and safety conditions indicated in the document ‘Data Center access rules’, which are to be considered an integral and essential part of the Contract and which are supplied the first time the Customer accesses the Data Center;
      6. to remove equipment, packaging, and any other waste materials from the Data Center once installation is complete;
      7. to use non-defective, CE-marked equipment with rear ventilation suitable for installation in cabinets with 19” rack units;
      8. to use dual-feed equipment to benefit from the power redundancy of the service or, alternatively, to acquire ATS equipment provided on a loan for use basis by Vianova;
      9. to indemnify and hold harmless Vianova against any liability in the event of reports, legal action, administrative or judicial action, and losses or damages (including legal fees) resulting from the illegal or non-compliant use of the Service;
      10. to indemnify and hold harmless Vianova against any and all claims brought by third parties for potential damage caused either by the Customer or by the equipment managed by the Customer when accessing the Data Center;
      11. to store and safeguard the equipment and accessories kept on a loan for use basis, with due diligence, for the entire duration of the Contract, and in any case until the equipment is returned;
      12. not to tamper with and/or intervene on the equipment kept on a loan for use basis, either directly or through personnel not expressly authorized by Vianova;
      13. to compensate Vianova for any damage caused to its equipment or third-party equipment;
      14. to acknowledge that it is solely and exclusively liable for the activities carried out through the Service or directly or indirectly attributable to it.
    2. While the Contract is in force, Vianova does not control or monitor the conduct or the acts committed by the Customer through the equipment hosted in its Data Centers. In other words, it does not control or monitor the information, data, or content input by the Customer or by its employees or collaborators; in any case, Vianova is and remains unconnected to the activities that the Customer carries out with full autonomy.
  4. Duration, withdrawal, and return of equipment
    1. The duration of the Service will be no less than 12 (twelve) months from the activation of the service.
    2. On the expiration date, unless one of the parties has formally communicated to the other that it wishes to terminate the relationship via registered letter with return receipt or certified email, with advance notice of 30 (thirty) days from the expiration date itself, the Contract is automatically renewed for the same period of time.
    3. In the event of the termination of the contractual relationship with Vianova or the cancellation of the Service, in addition to the deactivation of the functions of the Service, the Customer will be responsible for saving the data on a different medium before the agreed expiration date, if necessary.
    4. In any case, it is understood that, no later than 30 (thirty) days from the date on which the Contract is terminated, the Customer will be required, with a minimum notice period of 48 (forty-eight) hours, to personally collect its equipment installed at the Vianova Data Centers, returning any equipment provided on a loan for use basis.
    5. The Customer acknowledges and accepts that, once this period has elapsed without its equipment having been collected, said equipment must be considered permanently abandoned, with all the legal consequences that this entails.
    6. Vianova will have the right to dispose of it or to employ the solution it deems most appropriate.
  5. Technical Support
    1. The technical support service covered by this agreement exclusively includes the following services:
      1. technical instructions from a NOC Specialist during the installation of the equipment;
      2. telephone help desk service;
      3. technical work limited to equipment owned by Vianova that is instrumental to the provision of power, connectivity, and air conditioning services or equipment provided to the Customer on a loan for use basis, which will be carried out within the following maximum times:
      4. in the event of a fault that renders the equipment unusable, within 8 (eight) working hours of the fault being reported, unless otherwise agreed with the Customer;
      5. in the event of a fault that does not render the equipment unusable, within 24 (twenty-four) working hours of the fault being reported, unless otherwise agreed with the Customer.
      6. tests and checks necessary to restore the functioning of the power supply, connectivity, and conditioning services and any equipment provided to the Customer on a loan for use basis.
    2. All services not expressly indicated in the list above are excluded from the technical support service, which is included in the monthly Service fee.
    3. The Customer undertakes to notify Vianova of technical support requests via the Customer Service number or by sending a request to the email address info@vianova.it. It is understood that any failure to pay the monthly fees will result in the suspension of the Service and the consequent interruption of the connectivity and power services of the dedicated cabinets in question.
    4. While the Contract is in force, Vianova guarantees to the Customer that it will maintain the systems and provide the support of its technical staff 24 hours a day, 365 days a year, limited to the connectivity, power supply, and air conditioning of the equipment owned by the Customer or rented by it from third parties, as well as in relation to any equipment supplied by Vianova on a loan for use basis.
    5. Under no circumstances will Vianova intervene on the equipment owned or rented by the Customer, except in cases where this intervention is necessary to avoid or limit damage to infrastructures owned by Vianova or third parties.
    6. In the event of repairs, interventions, or tampering by persons other than Vianova technicians on the equipment provided on a loan for use basis, Vianova will be exempt from any liability and any obligation to provide support.
    7. Expenses incurred by Vianova following interventions caused by the following circumstances are excluded from this agreement and will therefore be invoiced as normal:
      1. improper use of equipment provided on a loan for use basis;
      2. non-compliance with technical, environmental, and safety standards.
  6. Access to the Data Center and remote interventions
    1. The Service allows the Customer to access the Vianova Data Center or to request a remote intervention according to the following specifications:
      1. the Customer has the right to unlimited access to the Data Center, provided a booking is made with 2 (two) hours’ notice, from Monday to Friday from 8.00am to 7.00pm, in compliance with the terms and conditions indicated in the ‘Data Center access rules’;
      2. to this end, Vianova will provide the individual appointed by the Customer and communicated to Vianova in advance with a dedicated badge to open the Customer’s cabinets;
      3. Vianova’s technicians, upon the Customer’s specific request, can reset or reboot equipment and carry out any other ‘visual monitoring’ activities within 2 (two) hours of the request, from Monday to Friday from 8.00am to 7.00pm;
      4. all access to the Data Center and interventions carried out by Vianova technicians outside the aforementioned time frames will be billed separately.
  7. Privacy and confidentiality
    1. Upon accessing the Service, the Customer is the sole data controller, pursuant to Legislative Decree no. 196/03 and subsequent amendments, for the processing of any data input into the equipment for the entire duration of the Contract.
    2. Vianova will have no access to, nor will it process in any way, the data on the servers and on the equipment available to the Customer.
    3. The Parties mutually undertake not to disclose and to in no way make available to third parties any data or information that they are aware of or manage in relation to activities carried out for the execution of the Service (including but not limited to any information, data, knowledge, invention (patented or patentable), know-how, and, in general, any news, drawing, document, electronic file, or sample or produced material of a technical, economic, commercial, or administrative nature that is not already in the public domain) without specific written consent.
    4. The disclosure of such confidential information constitutes a serious breach of this Contract and gives the injured Party the right to terminate the Contract and be compensated for the consequent damages.
  8. Reference to existing terms and conditions
    1. For anything not expressly governed herein, the general terms and conditions for the supply of Vianova services apply to the Colocation Service.

Mobile network services

  1. Definitions
    The terms, used in singular or plural form, have the following meanings:
    • Subscription Plan: contractual arrangement that involves the postpaid provision of Vianova Mobile services and the application of the government license fee (‘Tassa di Concessione Governativa’ or TCG).
    • Customer Area: dedicated area where the Customer can manage the services and thresholds relating to their SIM cards through SIM Manager
    • Device: the mobile phone/smartphone, possibly equipped with Near-Field Communication (NFC) technology, PC Card/Internet key or laptop (for mobile use), approved for connection to the Network, which, in conjunction with the SIM card, allows the Customer to use the Vianova Mobile service. The Device may not be owned by the Customer.
    • SIM card (or SIM): microprocessor card, including the eSIM category, issued to the holder of the Contract and marked with a serial number, allowing access to the Vianova Mobile services.
    • Customer: the person or entity, whether public or private, that requests the activation of Vianova Mobile for itself and/or for the End User in order to fulfill communication needs as part of its business, professional, or institutional activity.
    • PIN (Personal Identity Number): personal code associated with the Customer’s SIM card that allows access to all the functions for which the card is enabled.
    • PUK (Personal Unblocking Key): non-modifiable code used to unblock the SIM card following the incorrect entry of the PIN 3 times in a row.
    • Available Credit: the credit available to the Customer for the purchase of Vianova Mobile services; this is a single amount and can be used by all active SIM cards.
    • Leftover Credit: the amount, paid for and not used by the Customer, that remains when the Contract is terminated, net of any amount charged for the transfer of the Leftover Credit.
    • IMEI (International Mobile Equipment Identity) code: 15-digit serial code required to uniquely identify and register the Device on the Network.
    • Vianova Offer: the document that specifies the technical characteristics of Vianova Mobile and the related supply terms and conditions, including the economic terms and conditions.
    • Mobile Number Portability (MNP): the service that allows users to transfer their own telephone number, used with their previous operator, to their Vianova SIM card.
    • Network: mobile radio telecommunications system through which the Vianova Mobile service is provided.
    • Top-up: supply of credit on behalf of the Customer, with monthly billing.
    • Automatic Top-up: Top-up option which, when the set threshold is reached, supplies the credit specified by the Customer for the purchase of pay-per-use services. Where package profiles are activated, Automatic Top-up involves a monthly charge equal to the amount of the packages purchased by the Customer.
    • Pay-As-You-Go: contractual arrangement that involves the purchase of Vianova Mobile services through Top-up.
    • International Roaming: enabling the Customer to use Vianova Mobile services outside Italy through the use of the Network of foreign operators.
    • SIM Manager: the name of the application that allows the Customer and its representatives to manage SIM cards in the relevant section of the Customer Area.
    • Government license fee (‘Tassa di concessione governativa’ or TCG): government license fee applied to public terrestrial mobile radio service Subscription Plans as per Article 21 of the Tariff attached to Presidential Decree no. 641 of October 26, 1972.
    • Traffic: voice and data communication, transmitted on the Network and executed via the SIM card, as well as communications received by the Customer at the called party’s expense.
    • Agreed Use: the use of Vianova Mobile according to the indications specified in Article 15 of this Contract.
    • End User: the natural person linked to the Customer by a relationship of employment, professional, and/or commercial collaboration, who uses Vianova Mobile as requested by the Customer.
    • Vianova Mobile: the mobile and personal communication service, using digital technology, described in the Vianova Offer.
  2. Contractual proposal
    1. The activation of Vianova Mobile and the subsequent sending of the SIM(s) are subject to the signing of the Contract. Even in the absence of express acceptance by Vianova, the Contract will be considered concluded upon the activation of Vianova Mobile.
    2. Vianova reserves the right to refuse the activation of Vianova Mobile if the data provided by the applicant does not match the documents requested or those available from the Chambers of Commerce.
  3. Documentation and attachments
    1. The Customer (if a natural person) and the legal representatives of legal persons must provide documentation certifying their identity and are responsible for the truthfulness, completeness, and consistency of the documentation and information provided.
    2. Furthermore, the Customer undertakes to promptly notify Vianova in writing of any change relating to the information provided at the time of signing the Contract and, in particular, of any change concerning the information relating to the legal representative, to the residence and/or domicile, and/or to the registered office and/or other office.
  4. Fees
    1. The Customer is required to pay Vianova the amounts corresponding to the chosen commercial profile. Payments will be made via credit card for purchases made through the e-Commerce platform or via electronic direct debit on the bank account (SEPA Direct Debit – SDD) in other cases.
    2. The initial activation fee for each SIM card will be charged on the first invoice.
    3. In the case of payment by credit card:
      1. To activate Vianova Mobile, the Customer will be redirected to the “Nexi XPay” payment platform, managed by Nexi Payments S.p.A. (Tax Code/VAT 04107060966), with its registered office at Corso Sempione, 55 – 20149 Milan. The Nexi XPay platform directly handles the data entered on its website for payment purposes. Vianova does not collect any credit card data or access codes related to the Nexi XPay payment method.
      2. The credit card must be in the name of the Customer.
      3. By signing the Contract, the Customer authorizes Vianova to send continuous debit instructions to the credit card issuer (hereinafter “the Issuer”) for the costs of purchasing the SIM, for top-ups, for automatic top-ups, and for any expenses related to the Vianova Mobile service.
      4. The Customer acknowledges that the Issuer, upon receiving the continuous debit instructions from Vianova, will charge the corresponding amount to the credit card, provided that at the time of the charge, the credit card has sufficient available funds to cover the full charge and is not invalidated by the Issuer. Otherwise, payment of the invoices, even if labeled “Payment by credit card,” will be automatically revoked with immediate effect, and consequently, the Issuer will be exempt from any responsibility related to non-payment. In such a case, the payment must be made directly to Vianova by the Customer.
      5. The Customer also agrees to update their Customer Area with any changes to the relationship with the credit card issuer (for example but not limited to: renewal and modification of the expiration date, loss, replacement of the credit card, termination of the relationship with the Issuer, etc.).
      6. The Customer authorizes Vianova to charge any new credit card they may receive following the replacement of the card indicated in the Contract.
  5. Top-up and use of Available Credit
    1. The Customer expressly requests that the Pay-As-You-Go offer be activated with Automatic Top-up.
    2. Upon the activation of Vianova Mobile, the Customer will be charged an amount for each SIM card in addition to the Top-up required to purchase any pre-selected services.
    3. The amount topped up will be added to the Available Credit, which can be used by all SIM cards within the limits of any thresholds set.
    4. In particular, through SIM Manager, the Customer will be able to control and manage the Traffic handled by each SIM, independently setting the spending thresholds for each through the specific feature in the Customer Area.
    5. If the Available Credit is less than the minimum threshold set, the Customer expressly agrees to automatically top up by the amount indicated in the Customer Area.
    6. The Customer will be informed of the successful Top-up.
    7. The Automatic Top-up function will be suspended in the event of the failure to pay invoices.
    8. In the absence of Available Credit, Vianova Mobile cannot be used.
  6. Billing
    1. Vianova Mobile is billed on a monthly basis, and invoices will be made available in the Customer Area.
    2. The government license fee (‘TCG’, only required for Subscription Plan profiles) will be billed in advance.
    3. The invoices available in the Customer Area are courtesy copies and do not replace those sent through the interchange system of the Italian Revenue Agency (SDI), as required by current electronic invoicing regulations.
  7. EU and non-EU international roaming
    1. The Customer may use the Services (voice, data, SMS) when roaming in the member countries of the European Union (EU) and in Iceland, Liechtenstein, and Norway (EU International Roaming) for occasional travel under the conditions of its national profile (Roam Like at Home, ‘RLAH’). This use is subject to the limits indicated below and to compliance with the fair use policies and a stable link with Italy (which must be demonstrated upon request by Vianova) pursuant to Regulation (EU) 2016/2286, parameters set out to prevent abuse and anomalous use.
    2. To make use of the above, the Customer must meet at least one of the following requirements:
      1. must be habitually resident in Italy;
      2. must have stable links with Italy that involve a frequent and consistent presence in Italy.
    3. In addition, in order to use RLAH, the following conditions must not be met:
      1. simultaneous or sequential use of multiple SIM cards owned by the Customer for roaming purposes;
      2. long period of SIM card inactivity in conjunction with periods of predominant or exclusive use for EU roaming, over a period of 4 (four) months;
      3. usage for roaming in the EU that exceeds usage in Italy, or predominant presence in other Member States of the European Union, over a period of 4 (four) months.
    4. If Vianova detects any conduct as referred to in points a), b), or c), all traffic (voice, data, and SMS) will be charged at the price set for EU roaming that exceeds the threshold (available on this page in the section dedicated to mobile profiles).
    5. In the absence of the conduct referred to in points a), b), or c), exceeding the maximum usable traffic thresholds for the EU will in any case entail the application of the economic conditions published on this page and defined on the basis of the provisions of EU regulations.
    6. Subject to authorization by AgCom and in compliance with the provisions of Article 6 quater, paragraph 2 of Regulation (EU) 531/2012, Vianova reserves the right to apply a surcharge to roaming services in European Union countries. The full conditions are published on this page dedicated to mobile profiles.
  8. Thresholds and alerts
    1. In order to ensure adequate control over the costs of International Roaming data traffic, the Customer sets a maximum spending threshold for each SIM through the Customer Area when enabling the International Roaming service.
    2. Vianova informs the Customer when the International Roaming data service has reached 80% of the set threshold.
    3. The Customer can request to suspend or reactivate the sending of these notifications free of charge.
  9. PIN and PUK codes
    1. Upon delivery of the SIM cards, the PIN and PUK codes associated with said SIMs will be confidentially communicated to the Customer.
    2. The Customer will be responsible for storing and managing the information delivered and communicated.
  10. SIM card usage and limitations
    1. The Customer is obliged to use the SIM card exclusively through the Devices in a lawful and non-abusive manner, in compliance with the applicable laws, exclusively as part of its professional or business activities in order to fulfill its own communication needs and those of End Users.
    2. The SIM card may not be used to make temporary or consecutive calls or at regular intervals to the same recipients, or to numbers with automatic responders that generate an abnormal number of SMS messages, nor to make short calls within a limited period of time, and/or to make calls that do not have the characteristics of normal person-to-person (p2p) conversations/messages, or within devices that are not intended for communication between individual people and are capable of re-originating and terminating calls (e.g., call center devices).
    3. The Customer may not resell traffic to third parties.
    4. In such cases, without prejudice to the right to terminate the Contract, Vianova reserves the right to immediately suspend the Vianova Mobile service without notice, pursuant to Article 20 below, if the Customer carries out or allows the improper use described in this article.
  11. SIM card usage obligations and responsibilities
    1. The Customer undertakes to use the SIM card with care and diligence to ensure it remains in an intact state and to allow it to function correctly.
    2. The Customer will inform the End Users of the provisions referred to in this article and guarantee compliance with them; in any case, the Customer will hold harmless Vianova against any unlawful use of the SIM card by the Customer or by the End Users.
  12. Repair, replacement, and exchange of the SIM card
    1. In the event that the SIM card delivered to the Customer is faulty, Vianova will repair or replace it under warranty for events occurring within 12 months of its delivery, unless the defect is caused by the Customer’s inexperience, negligence, or carelessness.
    2. Without prejudice to the guarantee referred to in the preceding paragraph, in all cases in which it is necessary to change the SIM card or in which the Customer or End User requests to do so, Vianova will replace it upon payment of a fee as indicated in the Vianova Offer.
  13. SIM card management and SIM Manager
    1. Through the use of SIM Manager, the Customer will be able to manage each SIM card through the Customer Area, authorizing a maximum spending limit for each, and enabling certain services such as International Roaming (in other words, enabling/disabling Vianova Mobile services).
  14. Use of the Device
    1. The Customer undertakes:
      1. to use the SIM card only in Devices compliant with current legislation and bearing CE marking;
      2. to follow the usage instructions provided by the Device manufacturer;
      3. not to use the Device or allow it to be used for the purposes of communications that cause harassment, that violate applicable laws, or for unlawful, abusive, or fraudulent purposes;
      4. to use the SIM Card in accordance with the provisions of these General Supply Terms and Conditions and the Vianova Offer.
    2. The Customer will inform the End Users of the provisions referred to in this article and guarantee compliance with them, and will hold harmless Vianova against any unlawful use of the Device by the Customer or by the End Users.
  15. Limitations of use and Customer liability
    1. Without prejudice to the limitations described above, the Customer is obliged not to use Vianova Mobile for purposes and in ways that are not permitted or that are unlawful, or in such a way as to abuse the commercial offer described in the Vianova Offer. The Customer will inform the End Users of the provisions contained in this article, guaranteeing compliance with them.
    2. The Customer will hold harmless Vianova against any use of the Vianova Mobile service that does not comply with the conditions agreed by the Customer or by the End Users.
    3. Following the activation of the service, all communications made through the services assigned to the Customer are presumed to have been made by the Customer or with its consent.
    4. The Customer will refrain from carrying out acts or deeds that endanger or damage the operation of the Network and will not use Vianova Mobile in a way that disrupts other Customers.
  16. Data service access and network integrity guarantee
    1. In order to guarantee the data connectivity service and the integrity of the Network for all Customers, including in high-traffic time slots, Vianova, in compliance with the principle of equal treatment, reserves the right to introduce, where necessary, temporary and non-discriminatory mechanisms to limit the use of the available network resources, if such use becomes incompatible with the right of access to Internet connectivity services for the majority of Customers.
    2. To this end, Vianova may limit Internet connection speeds (known as traffic shaping), intervening as a matter of priority on mobile applications that involve higher bandwidth consumption (e.g. peer-to-peer, file sharing, etc.) or that exceed a certain amount of data exchanged (megabytes/hour).
  17. Theft and loss
    1. In the event of the loss or theft of the SIM card, the Customer must immediately notify Vianova by using the specific function in the Customer Area or by sending a message via email, certified email, or fax.
    2. It is possible to disable the stolen or lost SIM cards through the Customer Area.
    3. It is understood that, until this report is submitted (i.e. until the SIM card is deactivated), the traffic generated by each lost or stolen SIM card will remain the sole responsibility of the Customer.
    4. Alternatively, and if specifically notified, Vianova will block the SIM cards involved or, if technically possible, the operation of the Device based on the IMEI code.
    5. The Customer will be required to pay a fee for the delivery of the new SIM card.
  18. Mobile Number Portability (MNP) and Leftover Credit Transfer (LCT)
    1. The Customer may keep the telephone number assigned to it by another mobile operator by requesting that Vianova activate the mobile number portability (MNP) service, which will be provided free of charge once its technical feasibility has been verified.
    2. MNP is governed by Article 80 of Legislative Decree no. 259 of August 1, 2003 and subsequent amendments and by the applicable regulations on the matter, as well as by the General Terms and Conditions of MNP detailed below.
    3. At the same time as MNP, the Customer can also request LCT from the previous operator (i.e. the crediting of any amount topped up and not used).
  19. Termination of one or more telephone numbers
    1. If the Customer terminates all Pay-As-You-Go SIM cards or requests the MNP of all numbers to another operator, Vianova will return the Leftover Credit present at the moment when the last SIM card is deactivated.
    2. In this case, the Contract will no longer be in effect from the date of termination of the last service, and the subsequent provision relating to the Customer’s Withdrawal will apply.
    3. After 12 (twelve) months, as indicated in the following article 20, paragraph 2, the SIM and the associated number will be deactivated. The number will remain available to the Customer for potential reactivation of the service on the same number for up to 24 (twenty-four) months from the last top-up or from the last usage. After this period, the number can no longer be reactivated, and Vianova may reassign the number to another Customer, in compliance with the latency period prescribed by current regulations.
  20. Suspension of the Vianova Mobile service
    1. Vianova reserves the right to suspend the Vianova Mobile service with prior notice, including by telephone, in cases where the Customer fails to fulfill the obligations set out in Articles 3, 4, 10, 14, 15, and 16. Furthermore, and partly for the Customer’s own protection, Vianova reserves the right to suspend the service with regard to individuals in the event of use not consistent with the provisions of Article 15 and, in any case, in the event that there is a well-founded suspicion of any illegal, abusive, or fraudulent activity carried out to the detriment of Vianova, the Customer or third parties, and/or in the event of anomalous traffic levels.
    2. Vianova may suspend the Vianova Mobile service in the event of non-use or lack of top-up for 12 (twelve) consecutive months, starting from the last top-up operation or, in the absence of a top-up, from the date of activation.
    3. In the event of suspension, Vianova will reactivate the service within the time necessary to carry out the most appropriate technical and legal checks, without prejudice to the right to terminate the relationship pursuant to the applicable provisions of the law and the Contract, and the right to withdraw from said Contract by exercising the right referred to in the following Articles 22 and 23.
    4. During the suspension period, Vianova will allow access (within Italy) to emergency numbers (112, 113, 115, and 118) and to Customer Service (145), unless the suspension is due to a force majeure event.
    5. In cases where the Customer has a Subscription Plan, Vianova will have the right to suspend the Customer in the event of a default.
    6. Vianova will reactivate the service within two working days of being notified by the Customer that the amounts still due have been paid, subject to verification of this payment.
  21. Duration of the Contract and Customer Withdrawal
    1. This Contract will come into force upon the activation of the services, as described in Article 2, and will last for an indefinite period.
    2. The Customer can withdraw from the Contract at any time by notifying Vianova via registered letter with return receipt, fax, or certified email. The withdrawal will take effect following the termination of the services for which the Customer has exercised the corresponding right, and in any case within 30 days of Vianova receiving the withdrawal request.
    3. Upon the termination of the Contract, if the Customer still has minutes, data, or SMS included and not used, the Customer may not recover them. Similarly, the Customer will not be credited for any planned bonuses.
    4. If the Customer has Leftover Credit when the Contract is terminated and LCT has not been requested from the new operator, Vianova will credit this amount, net of any reimbursement.
    5. Following the verification of the sums due from the Customer, including those owed to foreign operators for international traffic, Vianova will assess the value of the traffic according to the terms and specifications indicated in the Vianova Offer and will invoice the Customer for the amounts due.
    6. For the Top5, Top25, and Mondo package profiles, a 12 (twelve) month commitment applies. Therefore, in the event of early termination, including Mobile Number Portability (MNP) to another operator, the Customer must pay Vianova an amount equal to the remaining monthly fees until the contract expires, as compensation for termination under Article 1373, paragraph 3, of the Italian Civil Code. If the Customer decides to suspend the SIM on which the Top5, Top25, or Mondo package profiles are active, the 12 (twelve) month commitment will also be suspended until the Customer reactivates the SIM. If the SIM remains suspended for 24 (twenty-four) consecutive months and the provisions of the previous Article 19.3 apply, the Customer must pay Vianova an amount equal to the remaining monthly fees until the expiration of the previously suspended commitment, as compensation for termination under Article 1373, paragraph 3, of the Italian Civil Code.
  22. Termination of the Contract
    1. Vianova will have the right to terminate the Contract pursuant to Article 1456 of the Italian Civil Code by giving written notice via registered letter with return receipt, fax, or certified email, in the event that the Customer delays in fulfilling or fails to fulfill (even in part) the payment obligations set out in Article 4, or fails to fulfill any one of the obligations incumbent upon it according to Articles 3 (untruthfulness, incompleteness, inconsistency of the documentation and information provided), 10 (use of the SIM in a way that does not comply with the Contract), 14, and 15.
    2. In the aforementioned cases, Vianova reserves the right to claim for the damages suffered.
    3. Vianova will also have the right to terminate the Contract pursuant to Article 1454 of the Italian Civil Code if the Customer is in breach of this Contract, even in part.
  23. Withdrawal of Vianova
    1. Vianova will have the right to withdraw from the Contract if, in providing the Vianova Mobile service, it verifies that the Customer is registered as having received a notice of dishonor or is subject to insolvency proceedings, or that the Customer’s circumstances are such as to jeopardize the regular payment of the services covered by the Contract, on the basis of analyses carried out for the purposes of preventing and controlling the risk of insolvency and for fraud control and credit protection, or where the legal representative is operating ultra vires.
    2. The withdrawal will take effect from the moment the Customer receives the notification sent by registered letter with return receipt, fax, or certified email.
    3. Upon the termination of the Contract, if there are any remaining services included but not used, these cannot be recovered.

Mobile Number Portability

General terms and conditions for the provision of the mobile number portability service (‘mobile number portability’ or ‘MNP’).
  1. Preamble
    1. If the Customer requests the MNP service, the following General Supply Terms and Conditions will also be applied.
  2. Definitions
    In addition to the definitions indicated in the Vianova General Supply Terms and Conditions, the following are added:
    • Donor Operator: the Operator to which the number covered by the portability request is assigned by the competent administrative bodies;
    • Donating Operator: the Operator that transfers the number. In the case of initial portability, the Donor and Donating Operators are the same;
    • Recipient Operator: the Operator that acquires the Customer with the number transferred;
    • Ported Number: the number of the National Numbering Plan for Mobile and Personal Communications Services (Mobile Station International Subscriber Directory Number – MSISDN) acquired by the Recipient Operator;
    • Activation Date: the date on which the ported number is activated by the Recipient Operator and simultaneously disconnected by the Donating Operator.
  3. Subject of MNP
    1. These MNP General Supply Terms and Conditions govern the relationship between Vianova and the Customer regarding the MNP Service.
    2. This service allows the Customer to use the Vianova Mobile services without changing the telephone number assigned to it by another mobile Operator.
    3. To this end, the Customer expresses its unequivocal desire to terminate the existing contractual relationship with the Donating Operator regarding the telephone number to be ported and to establish a contractual relationship with Vianova, with the consequent activation of the indicated number on the latter’s mobile network.
    4. Vianova will provide the MNP service in part by making use of the collaboration and services of third parties.
  4. Activation of MNP
    1. The Customer may send a request to activate the MNP service, which must be accompanied by a copy of the Customer’s valid identity document or the legal representative’s valid identity document.
    2. The number portability request does not relieve the Customer of the obligations arising from the previous contract with the Donating Operator.
    3. From the date on which MNP is activated, the ported number will be available to the Customer on the Vianova SIM card, and the Customer will be able to use Vianova Mobile.
    4. MNP can only take place following the signing of a Subscription Plan contract or the activation of a Pay-As-You-Go SIM card.
  5. Specific obligations of Vianova (Recipient)
    1. In particular, Vianova undertakes:
      1. to transmit the processing order relating to the MNP request to the Donating Operator and, upon the Donating Operator’s documented request following disputes relating to MNP, a copy of the corresponding documentation;
      2. to keep the original MNP request received from the Customer, together with the corresponding documentation;
      3. not to forward the MNP service request to the Donating Operator if it encounters a condition that impedes the activation of the Customer as established in the Vianova Mobile General Supply Terms and Conditions.
    2. In accordance with the Number Portability agreements in force between mobile telephone Operators, MNP is activated within two working days of the request being sent to the Donating Operator.
    3. The Customer acknowledges that, during the operations to activate the MNP service, temporary interruptions to or suspensions of the service may occur in relation to the number covered by the request.
  6. Suspension, refusal, ineffectiveness, and invalidity of the request
    1. The request to activate the MNP service may be suspended, refused, or canceled. The request may be suspended in the event of:
      1. proven technical disruptions;
      2. justified service requirements.
    2. The request may be refused in the following cases:
      1. there is a mismatch between the tax code/VAT number and the number to be ported in the case of a Subscription Plan service provided by the Donating Operator;
      2. there is a mismatch between the serial number of the SIM card and the number to be ported, in the case of a prepaid service provided by the Donating Operator;
      3. the number to be ported does not belong to the Donating Operator or is incorrect;
      4. the data necessary to transmit the request is incomplete or inaccurate;
      5. the service associated with an MSISDN number is completely deactivated by order of the court authorities;
      6. in the absence of a request for the identifier that certifies that the Recipient has acquired the report made to the court authorities, in the event of a lost or stolen SIM;
      7. the number has been deactivated for over 30 calendar days.
    3. The portability request will be canceled in the following cases:
      1. a previous portability request for the same number was sent by the same operator;
      2. a previous portability request for the same number was sent by another operator other than the original operator. Refusal and suspension do not preclude the sending of a new order to activate the MNP service.
  7. Liability
    1. Vianova will in no way be liable in the event of the failed and/or delayed activation of MNP due to causes not attributable to it, namely for circumstances beyond its control, including those attributable to the conduct of third parties (for example the Donor or Donating Operator), in the event that it is not in a position to fulfill its obligations towards the Customer.
    2. Likewise, Vianova will in no way be liable in the event of the suspension of or interruption to the activation of MNP attributable to unforeseeable circumstances, force majeure, or other cases provided for by law, even if this suspension or interruption is permanent.
    3. In the cases indicated above, Vianova will not be liable for any loss, damage, or injury, whether direct or indirect, that is foreseeable or unforeseeable and connected.
  8. Leftover Credit Transfer and arrears
    1. With the activation of the MNP service, the Customer can instruct Vianova to ask the Donating Operator to transfer the Leftover Credit present on the previous Pay-As-You-Go SIM card; the corresponding request is non-reversible.
    2. The Leftover Credit Transfer can only be requested at the same time as the Mobile Number Portability service and is in any case subject to the correct completion of MNP.
    3. The amount transferred will correspond to the amount communicated by the Donating Operator to Vianova, net of complimentary traffic, promotions, auto-top-up options or mechanisms, and any service costs contractually established by the Donating Operator.
    4. The credit transfer will not be carried out if the Customer has zero or insufficient credit, i.e. where the credit is less than any service costs requested by the Donating Operator.
    5. The credit communicated by the previous operator and relating to all the SIM cards transferred to Vianova will be added to the Customer’s Available Credit.
    6. As an alternative to the Leftover Credit Transfer request, the Customer can contact the previous Operator and request that this amount be directly returned according to the relevant contractual conditions.
    7. Any default situations or credit obligations deriving from the relationship between the Customer and the Donating Operator pertain exclusively to the previous contractual relationship.
  9. Suspension or termination of the service
    1. The Customer accepts the possible suspension or limitation of the Vianova Mobile service during the period of time strictly necessary for Vianova and the Donating Operator to carry out all technical operations to launch and complete the activation of MNP.
  10. Processing of personal data
    1. Pursuant to and for the purposes of Article 13 of the Privacy Code and Article 13 and 14 of the GDPR, Vianova will process the personal data provided by the Customer exclusively for the purposes strictly connected to the request for the Mobile Number Portability service; the aforementioned processing is necessary to execute the Contract to which the data subject is party (Article 6 letter b) of the GDPR).
    2. Vianova may make this form available to the original Operator pursuant to Article 11, paragraph 5 of Resolution no. 147/11/CIR.
    3. With the exception of paragraph 16.2, for all other elements of the privacy policy, please refer to Article 16 of the General Supply Terms and Conditions for Vianova services.
  11. Customer Service
    1. For information on MNP, Vianova provides the necessary assistance to the Customer through its Customer Service (145).
  12. Rate transparency
    1. Vianova guarantees the rate transparency service for its Customers, who can request access to the rate transparency databases at any time via the toll-free number 456. These databases contain the association between a telephone number and the Operator that provides the service at the time of the query.
  13. Final provisions
    1. For anything not expressly regulated in these MNP General Terms and Conditions, the General Supply Terms and Conditions of the Vianova Mobile service remain in force and apply.

Agile Professional Option

  1. Scope of Application
    1. These Terms govern the provision of the “Agile Professional” Option (“Option”) by Vianova to the Customer, in exchange for the agreed fee, as specified in the Vianova Agile Profile and Technical Data Sheet, and complement the General Terms already signed for the activation of Vianova services. The Option is provided through Vianova’s infrastructure located at Vianova’s Data Centers in Italy.
  2. Characteristics of the “Agile Professional” Option
    1. The Option is aimed at small and medium-sized enterprises that have activated the Vianova Mobile service with the Agile profile.
    2. The Option, through a Cloud-based PBX platform, allows the management of calls directed to the Customer’s geographic number and will only be accessible via the Vianova Phone app (“App”) installed on the user’s smartphone.
    3. Through the App, users can answer calls to their geographic number and use the same number for outgoing calls.The Customer must associate the App with a geographic number either ported to Vianova or assigned according to the district of the Customer’s registered or other office.
    4. The Customer can request activation of the Option from their Customer Area, limited to one SIM per company, with the service associated with one account at a time.
    5. The App does not offer the same functionalities or performance as a traditional mobile or fixed telephone line. The Customer acknowledges and accepts that:
      1. Access to emergency numbers through the App provides proper call localization only if made from the same telephone district as the geographic number activated with the Option. Otherwise, the Customer must use traditional fixed or mobile network services for such calls.Access to emergency numbers through the App provides proper call localization only if made from the same telephone district as the geographic number activated with the Option. Otherwise, the Customer must use traditional fixed or mobile network services for such calls.
      2. The voice service quality depends on the coverage of the Wi-Fi or mobile network being used, and the service is provided on a best-effort basis.
    6. The Customer commits to informing End Users of these limitations and releases Vianova from any liability regarding them.
  3. Phone Numbers
    1. The Customer can migrate an existing geographic number to VoIP, where technically possible, or request the activation of a new number belonging to the district of their registered or other office. GNR numbers and numbers with extensions cannot be associated with the service.
    2. GNR numbers and numbers with extensions cannot be associated with the service.
    3. If the Customer no longer has the Agile profile active on the associated geographic number, the Option will cease to function, and the Customer will need to associate another SIM with an active Agile profile. Alternatively, the Customer must port the geographic number to another Operator within 30 days of the Agile profile deactivation.
    4. The Customer can suspend the Option starting from the following month of the request; in this case, the geographic number will be retained but unreachable, and the cost of the Option will not be charged, provided the linked Agile profile remains active.
  4. Option Usage
    1. The Customer is prohibited from misusing the Option, and in cases of improper or fraudulent use, including by third parties, Vianova reserves the right to suspend or immediately terminate the Option, even without notice, while reserving the right to seek damages.
    2. The Option is only usable by the account associated with the Customer and only for work-related purposes
    3. The Customer further agrees to:
      1. Ensure the Option is used only within their organization, assuming responsibility for all traffic generated and transmitted through their connection.
      2. Refrain from tampering with or intervening, directly or indirectly, with the App (software) owned by Vianova and granted for use by the Customer.
      3. Use the assigned phone numbers correctly, specifically maintaining the “native” CLI (Calling Line Identifier) assigned to the office for the proper delivery of emergency services and services required by judicial authorities. If using the App outside the district of the associated geographic number, the Customer must use a traditional fixed or mobile line for emergency calls.
      4. Not disclose passwords or access credentials to the service, either directly or indirectly, through their personnel.
      5. Not copy any part of the software included in the Option, whether in printed form or machine-readable format.
      6. Not provide content or materials through the Option that violate legal norms, public order, or morality, or that infringe on third-party rights. The Customer commits to holding Vianova harmless from any claims or legal actions resulting from such content.
    4. The Customer agrees to indemnify and hold Vianova harmless from any negative consequences arising from failure to meet these obligations. Vianova reserves the right to suspend the Option in the event of any violation of these obligations.
    5. Vianova reserves the right to suspend the Option in the event of any violation of these obligations.
  5. Limitations of Liability
    1. Vianova is not liable for damages suffered by the Customer or third parties as a result of the use of the Option.

rev. 13 – last updated August 2024