In these contract General Terms and Conditions (“General Terms and Conditions”), the terms indicated have the following meanings:
“Customer or User”: any natural person who has attained the age of eighteen years and purchases the Services for himself or herself or on behalf of the indicated legal entity;
“General Terms and Conditions”: these contract terms and conditions, which can also be found on the website (landing page), governing, together with the particular terms and conditions describing the Service offered, the Contract with the Customer, concerning the Customer’s online purchase of Services.
“Consumer”: a Customer/User who is a natural person purchasing the Services for purposes unrelated to his or her business, craft or profession, if any, within the meaning of the law;
“Company”: Ink2Pixel LLC, with registered office at 161 Santa Clara Dr Unit 8 Naples, FL 34104 providing the Services to the Customer against payment of the Price;
“Contract”: any agreement between the Company and the Customer concerning the purchase of the Services, which is governed by the General Terms and Conditions and the particular terms and conditions describing the Service offered and the price and which are given to the Customer prior to purchase.
“Platform”: the IT system accessible via the Internet on the website of the page used to manage the Contract and the purchase of the Services;
“Service”: access to and use of all material provided by the Company and purchased by the Customer; and
“Site”: the Internet site through whose web page (landing page) the Services are presented.
The definitions form an integral part of these General Terms and Conditions.
The General Terms and Conditions shall also apply to Services provided to Users in the future, unless otherwise stated at the time of registration or when the new Service is first provided. Certain Services governed by the General Terms and Conditions may also be subject to particular terms and conditions due to their nature and/or features, which shall be communicated to Users in the manner stated in the General Terms and Conditions.
The introduction is an integral part of the General Terms and Conditions.
Users must carefully read the Terms and Conditions for the sale and use of the Service that the Company makes available to them, also in order to allow reproduction and storage in compliance with the law.
Article 1 – Purpose of the Contract
The purpose of the Contract is the Customer’s purchase of the Services provided by the Company against payment of the price. The Contract is governed by these General Terms and Conditions, as well as the particular terms and conditions describing the Service, which specify in detail the Service offered by the Company, how and when it will be provided and its price, and which are provided to the Customer before purchase and summarised at the time of the order and payment.
Article 2 – Terms and Conditions for the Use of the Services
In order to use the Services, the User must complete the information form provided to the User when the User registers for the Services or uses them and must fully accept these General Terms and Conditions. The data provided by the User by completing the form will be processed in accordance with the procedures in the Italian Privacy Law and the GDPR on the protection of personal data, information about which is provided prior to registration.
By accepting the General Terms and Conditions, the User declares that his or her data is current, accurate and true, and he or she undertakes to change it on a timely basis so that it is always current, accurate and true. The User’s right to use the Services is personal and non-transferable. The User undertakes not to resell, assign or make any other use of the Services provided by the Company.
The User undertakes to use the Services exclusively for lawful purposes and in compliance with the law on the protection of personal data and intellectual property and to indemnify and hold harmless Ink2Pixel LLC from any claim or demand resulting from the use or misuse of the Services. The Company reserves the right to verify, at any time and without prior notice, at its discretion, that the User is complying with the General Terms and Conditions in the use of the Services, and reserves the right to cease providing the Services to the individual User permanently without notice if the User:
- did not provide current, accurate and true personal data;
- uses or has used the Services for purposes or in ways that are illegal or deemed by the Company to be inconsistent with the nature of the Services provided (such as, but not limited to, the transmission and/or exchange of viruses; sending or disseminating personal advertising; chain mails or pyramid schemes; spamming or junk mailing practices; or transmission, exchange and/or dissemination of unlawful material or material with racist, slanderous or defamatory, threatening, vulgar or obscene content); or
- violates or has violated the General Terms and Conditions or the particular terms and conditions applicable to a Service.
Article 3 – Suspension of the Services
The Company reserves the right to temporarily or permanently suspend or terminate providing the Services at any time and without notice.
The Company disclaims all liability in relation to potential damages caused by interruption of the Services, including interruptions resulting from blackouts or failures of its servers or third-party providers’ servers. The Company reserves the right to interrupt the Services to maintain or upgrade its or third-party suppliers’ IT systems and will keep Users informed in notices provided by e-mail, news on the Site and messages in the Services.
The Company disclaims all liability for direct or indirect damages, claims or losses incurred by the User as a result of the non-functioning and/or malfunctioning of the User’s or third parties’ electronic equipment or telephone and/or electronic connections not directly managed by the Company or its suppliers.
The Company will send the User all communications relating to the Service purchased and provided to the e-mail address provided by the User; therefore, the User undertakes to keep said e-mail address in optimal conditions in order to be able to guarantee the receipt of all communications, messages and news relating to the Service purchased.
The Company declines all responsibility for damages, claims or losses, direct or indirect, deriving from the User due to the non-receipt of communications sent to the User by the Company due to the “e-mail box full” or for any other cause of failure and/or faulty functioning of the e-mail box provided by the user due to its responsibility.
Article 4 – Purchase Terms and Conditions
The Customer declares, and assumes responsibility for such declaration, that he or she is at least eighteen years of age and has the capacity to enter into the Contract and fully perform it. Before purchasing the Service, the Customer is obliged to read all the particular terms and conditions describing the Service (type, manner and time of use, price and all other features).
The Customer accepts the Contract, orders the Service and makes payment via screens that clearly display the terms and conditions describing the Service, the price and the General Terms and Conditions, by means of the boxes and virtual acceptance buttons shown.
To purchase the Service, the User must fill in the mandatory fields on the Platform (Form) by entering his or her personal details, following the instructions provided in the registration program, and must complete and send to the Company the electronic purchase order form available on the Site, following the instructions on the Site.
All parts of purchase orders must be fully completed. All of the Customer’s personal information must be true, complete, correct and current, and it is the Customer’s responsibility to promptly notify the Company of any changes to that information that may subsequently occur. The Customer represents that he or she has the authority to provide all the personal information needed to execute and perform the Contract and authorises the Company to use the information for any communication and use necessary to provide the Service. The personal data is processed by the Company and other service providers involved in managing the Contract in accordance with Regulation (EU) No. 679/2016 (General Data Protection Regulation, “GDPR”), ordinary laws and the privacy policies pursuant to Article 13 of the GDPR issued by the data controllers. Using the payment method chosen from among those made available, the User shall make the one-off payment of € 4.90 (four/90 euro) necessary to activate the subscription Service and receive the material described on the web page (landing page).
At the end of this transaction, the User will receive a confirmation of the purchase (Order Confirmation) at the e-mail address indicated when he or she subscribed. Following the Order Confirmation, and in any case no later than 24 hours thereafter, the User will receive an e-mail containing the links he or she can use to download all the material specifically indicated and described on the web page. The content will be provided in full upon the beginning of performance of the Contract and will be provided in a single transmission at each renewal following the signing of the Contract.
The User may freely decide to cancel the subscription within three days after subscription and activation of the Service. If the User does not take advantage of that option, he or she will be automatically charged € 47.00 (forty-seven/00 euro) via the payment system he or she selected, in the manner and with the costs indicated in Article 6 (Subscription Service).
The prices of the Service are those published on the Platform at the time of purchase, are in euro (€) and include all applicable taxes. There are no delivery charges for the Services provided. The User may choose as the payment method: credit card and/or prepaid card. The Company is not liable for any fees or other costs charged by third parties handling the payments and which may be accepted by the Customer.
Article 5 – Execution of the Contract
The Contract shall be deemed concluded and shall be binding on both parties when the Order Confirmation is sent to the User. The Order Confirmation sent by e-mail by the Company shall contain the order number, a summary of the Service purchased and the link to the Contractual Terms and Conditions, which the Customer undertakes to keep on a suitable durable medium for ease of reference. If our Staff find any errors in the User’s Order, the User will be promptly informed that his or her Order has been REJECTED. .
In that case, the User must contact the Company at the e-mail address indicated. The User shall have no right to damages or compensation, and the Company disclaims all contractual or tortious liability, for direct or indirect harm to persons and/or property caused by full or partial non-acceptance of a purchase order or cancellation due to non-payment by the deadline.
Article 6 – Subscription Service
The subscription service:
- will be renewed every 15 (fifteen) days after activation,
- will be sold at the price of € 47.00 (forty-seven/00 euro);
- will be indicated and described on the site where registration will take place;
The content purchased by the Customer will be provided in full and in a single transmission each time the subscription is renewed. The first subscription payment shall be charged three days after activation of the Service if the User does not elect to cancel the subscription to the Service within three days after the date of activation (see Article 7). Registration is required, by entering the User’s full name and e-mail address, to use the subscription Service. The request for a tax invoice requires the addition of further information, which is necessary to complete the tax document. Payment for activation of the subscription Service in the amount of € 4.90 (four/90 euro) shall be made at registration, while payment for the subscription Service, in the amount of € 47.00 (forty-seven euro), shall be charged for the first time three days after activation.
All payments are made directly by credit card and/or prepaid card. The subscription to the Service is automatically renewed every fifteen days (15 days) from the date of activation of the Service with the amount charged automatically.
If the payment for the renewal of the Service is not successful, the Company will periodically try to withdraw the amount. In the event that, upon the expiry of the renewal of the subscription Service, the payment is successful only for a partial amount (less than the cost of the Service) the Company, in order to favor and protect the User, undertakes to disburse equally and in full for the Service pending the subsequent withdrawal of the full amount as the balance of the price due. In the event that the subsequent payment should not be successful, the Company will suspend the following provision of the Service.
The subscription allows the User to use the Service offered by the Company, which enables the User to receive periodically, i.e., every 15 days, within 24 hours following the renewal of the subscription, at the e-mail address provided by the User during registration, an e-mail containing links to all the materials included in the purchased Service in addition to informational material and everything else needed to use the Service.
The content referred to in the preceding paragraph will be sent at a time depending on the activity and editorial line and, in any case, no later than 24 hours after the date of automatic renewal of the subscription. The User may at any time, at no additional cost, object to the processing of data and unsubscribe from the Service by sending an e-mail to firstname.lastname@example.org, which can also be found on the web page, with the subscription information and the subject line: “Subscription cancellation.”
Article 7 – Term of the Service, Cancellation of the Subscription and Explicit Waiver of the Right to Withdraw
The Services are provided according to the times and procedures specified in the subscription Service (Article 6).
The purchase of the subscription Service will be finalized, following completion of the registration form and payment of the fee of € 4.90 (4/90 euro), upon the Customer’s receipt of the purchase confirmation e-mail.
The User has the right to cancel the subscription within three days from the date of signing the Contract, i.e., from receipt of the Order Confirmation e-mail, for any reason without penalty and without having to provide any justification.
If the User decides to cancel the subscription within three days of signing the Contract, the Company shall immediately disable the subscription Service. Subscribers may, at any time, cancel their subscription by sending an e-mail to email@example.com, which can also be found on the web page, with the subscription information and the subject line: “Subscription cancellation.”
Cancellation after the third day from the date of conclusion of the Contract shall become effective only upon expiry of the current signed subscription and shall not entitle the subscriber to reimbursement of any amounts previously paid.
The User can request cancellation of a subscription without formalities by means of a notice clearly stating the Customer’s full name, the e-mail address associated with the subscription to the Service being cancelled, or in any other form in which this intention is clearly expressed. This communication may be sent to the e-mail address firstname.lastname@example.org, which is also indicated on the web page (landing page),
The User expressly waives his or her right to withdraw, since he or she is aware that the purpose of this Contract is a Service whose digital content is provided to the Customer in its entirety from the beginning of the performance of the Contract and is provided every 15 days or at each renewal of the subscription Service.
Article 8 – Access to the Service
The Services are provided by the Company, through the sending of e-mails, to the e-mail indicated by the User at the time of registration, containing informational material and/or links to content made available through third-party platforms (“Other Platforms”). If Other Platforms are used, to use the Service the Customer must accept in advance the specific terms and conditions of service indicated by the service provider.
To use the Services, computer hardware and software as well as Internet connectivity services are required, which the Customer must possess and the costs of which are borne by the Customer.
- Services provided by the Company consist exclusively in allowing personal and individual access by the Customer or any assignee indicated by the Customer to the materials and informational and other content covered by the Service, as described in the Contract.
- The Customer undertakes not to use the Service for uses and purposes other than those expressly indicated and authorised in the Contract. The Customer is aware that the Services and related materials may also be protected by technological protection measures pursuant to and for the purposes of copyright laws
Infringement of copyrights or the removal or evasion of such protective measures may constitute civil, administrative and criminal offences under law. Therefore, linking to or framing pages or portions of pages or specific Services and their content is prohibited, among other things, and thus the pages of the Site, the Services and the related materials and contents may not be referred to or reproduced, in whole or in part, within other web pages or in any other way, digital or analogue, except in the cases and for the uses expressly permitted.
Article 9 – Links
The Site and/or the Services provided may involve the use of links to other websites operated by third parties, including advertisements and other content providers.
These sites may collect data or request personal information from the User. The Company does not exercise, and is not required to exercise, any form of control over such links and sites and therefore disclaims all liability for any damage, claims or direct or indirect losses caused in any form to the User from viewing or using and/or the operation of third-party sites or services reached through such links.
Article 10 – Limitation of Liability – Indemnification
Except in cases of wilful misconduct or gross negligence, and subject to any limits imposed by mandatory laws, the Company disclaims all liability in relation to any damage caused by the Services and their provision or non-provision, including damage caused by a black-out or failure of the Company’s servers or servers of its third-party providers.
The Company disclaims all liability for damage, claims or direct or indirect losses caused to the Customer due to the failure and/or malfunctioning of the Customer’s electronic equipment or that of third parties or telephone and/or electronic connections not directly managed by the Company or its suppliers, as well as failure to use the Service due solely to the Customer’s failure to satisfy the minimum system requirements, the verification of which is the Customer’s sole responsibility.
The Customer undertakes to indemnify and hold the Company harmless against all civil, criminal or administrative liability, loss or damage (including legal costs and fees) arising from the unlawful use of the Services by the Customer and/or third-party assignees.
Article 11 – Complaints and Notices
The Customer may contact the Company by e-mail for any communication or complaint relating to the Contract or the Services. For all communications relating to the Contract and the Services, the Customer/User elects address for service at the addresses indicated by him or her.
The Customer must inform the Company of any changes to his or her contact information.
Article 12 – Amendments to the General Terms and Conditions
The Company reserves the right to amend the General Terms and Conditions and the terms and features of the Services at any time, by means of general notices to Users published on the Site or by e-mail communication to the User.
Each User is obliged to check these terms and conditions periodically to ascertain any changes that have occurred since he or she last consulted the Site. In any case, use of the Site and its services implies acceptance of the changes made in the meantime.
Users undertake to print on paper or [save] on a suitable durable medium and retain the General Terms and Conditions and all subsequent amendments thereto.
Article 13 – Languages Available
These online Contract General Terms and Conditions are available in Italian and English. If translated by the User into other languages, the only authentic version recognised by the Company shall be the Italian and/or English versions.
Article 14 – Severability
Should any of these General Terms and Conditions or provisions of the Contract be declared null and void or otherwise ineffective, the remaining Contract terms and conditions shall remain valid and effective, and the invalid or ineffective provision shall be substituted by any applicable mandatory laws.
Article 15 – Applicable law and Jurisdiction
The General Terms and Conditions are governed by Italian law. All disputes arising from this Contract, including those relating to its validity, interpretation, performance and termination, shall be referred to a sole arbitrator, in accordance with the International Arbitration Rules of the Chamber of National and International Arbitration of Milan, which the contracting parties represent that they are aware of and accept in full. The sole arbitrator will proceed according to standard procedure and law, with costs to be paid by the losing party. The language of the litigation will be Italian and the seat of the arbitral award will be Milan.
Ink2Pixel – Registered Address
161 Santa Clara Dr Unit 8 Naples, FL 34104
Phone: +1 307 222 4863