General supply terms and conditions
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General Supply Terms and Conditions

Introduction
1. Vianova is a company operating in the electronic communications sector and holds the authorizations required under applicable laws and regulations to provide the services described on the website www.vianova.it (hereinafter the “Offer”).
2. The Customer is a business holding a VAT number that has expressed an interest in purchasing from Vianova the products and services covered by this Agreement.
Subject Matter of the Agreement
1. These General Terms and Conditions govern the relationship between Vianova and the Customer with regard to the provision of the services described in the Site documents, in the Offer, or selected by the Customer through the “Configure your offer” tool (www.vianova.it/configura-offerta-rete-fissa/), activated by the Customer in the relevant sections of the Customer Area (hereinafter the “Services”), or purchased through the eCommerce platform.
Composition of the Agreement
1. The Agreement consists of these General Terms and Conditions of Supply, the Offer (including any Offer generated using the “Configure your offer” tool), the individual Vianova forms signed by the Customer, and the Service Charter, all of which form an integral and substantial part of the Agreement.
2. The Service Charter and the specific terms and conditions applicable to individual Services are published on this page.
Customer Service
1. Vianova has established a dedicated technical support organization capable of assisting the Customer in resolving issues relating to the provision of the Services.
2. The Customer may contact Customer Service by telephone at 145, as well as a specialized technical department for on-site support at the Customer’s premises, using the contact details and numbers provided below.
Invoicing and Traceability of Financial Flows
1. If the Customer is a Public Administration subject to the provisions of Ministerial Decree No. 55 of April 3, 2013 (“Regulation governing the issuance, transmission and receipt of electronic invoices applicable to public administrations pursuant to Article 1, paragraphs 209 to 213, of Law No. 244 of December 24, 2007”), the Customer shall provide Vianova with the Office Code required therein for the delivery of electronic invoices.
2. If the Customer falls within the scope of Article 3 of Law No. 136 of August 13, 2010, it is understood that:
  1. Vianova assumes the obligations relating to the traceability of financial flows set forth therein and applicable to the services covered by this Agreement;
  2. this Agreement shall be terminated in all cases where transactions relating to it are carried out using methods other than those prescribed by the aforementioned legislation for the services covered by this Agreement.
Payments, Late-Payment Interest and Set-Off
1. The Customer shall pay each invoice in full, in accordance with the terms and methods specified in the invoice itself, except for charges specifically disputed by submitting a formal complaint.
2. The Customer shall remain liable for the payment of all applicable fees and taxes even in the event of suspension of Vianova Mobile services.
3. In the event of late payment of undisputed amounts, Vianova shall charge the Customer late-payment interest, without the need for formal notice of default, calculated according to the actual number of days of delay at a rate of 0.04% of the unpaid amount for each day of delay and, in any event, within the limits established by applicable law.
4. In the event of non-payment of the amount stated in the invoice, Vianova shall request reimbursement of the costs incurred in recovering the unpaid amounts and payment of the fixed sum of EUR 40.00 (forty/00) as compensation for damages, without prejudice to proof of greater damages, which may include the costs of assistance incurred for debt recovery pursuant to and for the purposes of Article 6 of Legislative Decree No. 231 of 2002, as subsequently amended.
5. If the final payment deadline, namely 30 (thirty) days from the invoice issue date, expires without payment being made, Vianova reserves the right to suspend the provision of the Services.
6. If the Customer fails to make payment within 15 (fifteen) days from the date of suspension, the Agreement shall be deemed terminated pursuant to and for the purposes of Article 1454 of the Italian Civil Code, without prejudice to any further remedies available by law.
7. In the event of a dispute concerning invoiced amounts, the Customer shall submit a specific complaint in accordance with the procedure set out in the Service Charter.
8. During the complaint procedure and until it has been concluded, Vianova shall not suspend the Service to which the complaint relates.
9. Where the activation fee is paid in installments, failure to pay even a single installment shall result in the Customer forfeiting the benefit of the agreed payment schedule and shall entitle Vianova to demand immediate payment of the entire outstanding amount.
10. Without prejudice to the foregoing, it is understood that, regardless of the reason for termination of the contractual relationship, Vianova allows the Customer to continue paying any remaining installments at the same agreed monthly intervals or, at the Customer’s request, in a single lump-sum payment.
11. If the Customer fails to pay the domain registration fee or annual domain management fee, once 30 (thirty) days have elapsed from the contractually agreed payment deadline, Vianova may request the ex officio revocation of the domain and simultaneously terminate the Agreement pursuant to Article 1456 of the Italian Civil Code, without prejudice to any further remedies available by law, by sending a registered letter with return receipt or certified email (PEC) stating its intention to invoke the express termination clause.
12. In order to ensure full performance of the obligations undertaken toward Vianova, the Customer authorizes Vianova to set off any unpaid amounts arising under this Agreement against any amounts owed by Vianova to the Customer under any other agreement in force between them or arising from non-contractual relationships.
Limitations of Liability and Force Majeure
1. For the Vianova Profili, Vianova Connect and Vianova SIP Trunk Offers, where Vianova SIP Trunk is combined with Vianova Connect, Vianova guarantees an appropriate level of performance of the Services and of 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. It is in any event understood that Vianova shall not be held liable for the use of hardware equipment, SIM Cards, network terminals and application software available to the Customer; in particular, Vianova shall not be held liable where the Customer decides to use equipment:
  1. that does not have the type approval or authorizations required under applicable law;
  2. that is not equipped with hardware or software security systems, or equivalent systems, designed to protect the Customer’s corporate network.
3. Vianova shall not be responsible for maintenance and support activities relating to equipment necessary for the operation of the Services unless such equipment has been provided to the Customer on a rental basis.
4. Vianova shall not be held liable for the Customer’s failure to use suitable encryption systems for calls transmitted over the Internet (including, by way of example and without limitation, the TLS protocol).
5. Vianova shall not be liable for interruptions, delays or malfunctions in the provision of the Services resulting from breaches by the Customer, circumstances attributable to third parties (including owners of wholesale infrastructure and third-party connectivity providers where the Vianova SIP Trunk Offer is subscribed to), or applicable laws or regulations, including those relating to safety, fire prevention and workplace accident prevention.
6. Vianova shall not be liable to the Customer or to persons directly or indirectly connected with the Customer for damages, lost savings, losses or costs incurred as a result of suspension or interruption of the Service due to requests to change Service profiles, modifications to or relocation of the line on which the Services are provided, force majeure or unforeseeable events, except as otherwise provided by mandatory provisions of law. Without prejudice to Articles 1463 et seq. of the Italian Civil Code, force majeure means any event or circumstance, or combination of events and/or circumstances, beyond Vianova’s control that could not have been avoided by exercising the diligence, prudence and expertise expected of a reasonable and prudent operator and that directly prevents Vianova from performing all or part of its obligations. By way of example and without limitation, force majeure events or circumstances include: war and/or other hostilities, invasion, acts of terrorism, mobilization, confiscation or embargo; rebellion, revolution, insurrection, coup d’état and civil war; riot, civil unrest, disorder, general strike or other industrial action, except where such action is exclusively company-specific or local in nature; earthquake or other natural disasters; orders and rulings issued by judicial and/or administrative authorities, local government bodies and/or any other authorized party that prevent the commencement and/or continuation of works or other activities; failure to obtain, or suspension of, the necessary permits and/or authorizations, including technical authorizations or authorizations for access to infrastructure, from public or private natural or legal persons.
7. Where Vianova is liable and fails to comply with the applicable quality standards, the Customer shall be entitled to the compensation provided for in the Service Charter and, in any event, in accordance with applicable law.
8. The availability and operation of the Services subscribed to by the Customer are subject to the conditions set out in the “Limitations” section of the website www.vianova.it for each Offer.
9. Vianova shall also not be held liable for any limitation of the Services resulting from orders issued by the competent Authorities (e.g. AGCom, CONSOB, the Italian Customs and Monopolies Agency, IVASS, etc.) prohibiting access to specific resources, in compliance with and pursuant to specific statutory provisions and related implementing measures.
10. Vianova shall not be held liable for any direct or indirect damages caused to the Customer and/or third parties arising from the circumstances described above; similarly, in such cases, the Customer agrees to indemnify and hold Vianova harmless from any and all claims brought against it by third parties.
Off-Premises and Distance Contracts
1. If the Agreement is entered into off-premises, pursuant to Article 52 of Legislative Decree No. 206/2005 (the Consumer Code), the Customer may withdraw by sending notice by registered letter with return receipt or certified email (PEC) within 14 (fourteen) days of signing the proposed Agreement.
2. In such case, Vianova may charge the Customer the applicable fees for activation and use of the Service, if activation and use have already occurred.
3. If the Agreement is entered into using distance communication techniques, as defined by the Consumer Code and Authority Resolution No. 307/23/CONS, the Customer may withdraw without penalty by sending Vianova a registered letter with return receipt or certified email (PEC) within 10 (ten) business days, calculated, for Services, from the date on which the Agreement is concluded and, for goods, from the date on which the Customer receives them.
Customer Indemnities and Liability
1. The Customer shall be directly liable to Vianova for any breach of the obligations under this Agreement and shall hold Vianova harmless from any loss, damage, liability or expense, including legal expenses, suffered or incurred by Vianova, and shall indemnify Vianova against any action, cause of action or claim brought by third parties as a result of breaches or failures by the Customer or attributable to the Customer’s acts and/or omissions.
2. Vianova shall not be responsible for the content of services offered by the Customer to third parties, nor for transactions and communications carried out through such services; accordingly, the Customer shall indemnify Vianova against any liability in this regard and agrees to reimburse Vianova for any damages or expenses resulting from actions or claims brought or asserted against it as a result of the services provided by the Customer through the Service.
3. Vianova shall not be liable for any infringement of third-party intellectual and/or industrial property rights committed by the Customer through use of the Services.
4. Vianova shall not be liable for works or implementations carried out in accordance with the Customer’s instructions and the specifications requested by the Customer.
5. Accordingly, if such works or implementations infringe third-party rights that the Customer failed to disclose to Vianova, the Customer shall bear sole responsibility for compensating any damages claimed, including damages claimed against Vianova.
6. For this purpose, the Customer shall indemnify Vianova against any third-party claim arising from infringement of their rights.
7. The Customer assumes sole responsibility for the use of network termination or security equipment that does not have the type approval or authorization required under applicable law, that does not comply with the required technical specifications, or that otherwise differs from the equipment supplied by Vianova.
8. In the event of improper use of the Services as described above, or abuse of the commercial Offer purchased, Vianova may terminate this Agreement pursuant to and for the purposes of Article 1456 of the Italian Civil Code.
9. For the purpose of using the Services, the Customer shall provide Vianova with truthful, accurate and complete personal and business information and corporate details and shall assume full responsibility for any inaccuracies, false information or incompleteness in the data provided.
10. The Customer shall therefore be liable for any damage caused to Vianova and/or third parties as a result of inaccurate, false or incomplete information provided and agrees to indemnify Vianova against any third-party claims.
11. Vianova reserves the right not to activate, or to suspend and/or discontinue, the Services at any time if the information provided by the Customer proves to be incorrect, false and/or incomplete.
Governing Law, Dispute Resolution and Jurisdiction
1. This Agreement shall be governed by Italian law.
2. Customers alleging a violation of a right or interest arising from this Agreement or from telecommunications regulations falling within the jurisdiction of the Italian Communications Regulatory Authority and intending to bring legal proceedings shall first initiate the mandatory conciliation procedure before the relevant Co.Re.Com. or another authorized body.
3. During the mandatory conciliation procedure and until its conclusion, the applicable time limits for bringing judicial proceedings shall be suspended.
4. If the conciliation procedure is unsuccessful, the Customer may request the Authority, the Co.Re.Com. or another competent body to settle the dispute by means of a binding decision.
5. For any dispute concerning the interpretation or performance of this Agreement and in the event of judicial proceedings, the Court of Lucca shall have exclusive jurisdiction.
Notification of Changes to Services Being Provided, Notice Period and Withdrawal Period
1. Vianova may modify the technical and economic specifications of the Services and amend these General Terms and Conditions of Supply.
2. If such changes result in an increase in the price of the Services or are otherwise detrimental to the Customer, Vianova shall notify the Customer at least 30 (thirty) days in advance, and the Customer shall consequently have the right to withdraw from the Agreement within 60 (sixty) days of receiving such notice.
3. The Customer may withdraw from this Agreement by sending specific notice by registered letter with return receipt or certified email (PEC).
4. If the withdrawal is completed within 30 (thirty) days of notification of the change to the contractual terms and conditions, the previous contractual terms and conditions shall apply to the Customer for Services used up to the date on which they are deactivated.
5. If the withdrawal is completed after the 31st (thirty-first) day, the contractual terms and conditions effective from the date of the change shall apply to the Customer for the period exceeding the first thirty days.
6. Notices to the Customer concerning this Article shall be in writing and may be provided together with invoices, by fax, certified email (PEC), through the Customer Area, by electronic document or, for mobile services, by SMS. Such notices shall be deemed received if sent to the most recent address provided by the Customer to Vianova.
Communications and Contact Details
1. Any communication concerning the performance of this Agreement sent by the Customer to Vianova shall be addressed to Vianova – Customer Service – via Montramito 431/A – 55054 Massarosa (LU), certified email (PEC) info@pec.vianova.it, fax 05844244201, or email address info@vianova.it.
2. Vianova shall send all communications to the addresses provided by the Customer in the heading of the Agreement or subsequently updated in the relevant section of the Customer Area.
Assignment of the Agreement
1. Vianova shall have the right to assign this Agreement, or any part thereof, to third parties at any time.
2. The Customer may not assign the Agreement, even in part, to third parties without Vianova’s prior written consent; otherwise, Vianova reserves the right to terminate the Agreement.
Complaint and Refund Procedure
1. Refund requests and complaints relating to invoicing shall be submitted to Vianova by registered letter with return receipt, certified email (PEC), email or fax to 05844244201 within 30 (thirty) days of receipt of the invoice.
2. Where due, the refund shall be paid within 30 (thirty) days of completion of the appropriate checks.
3. The complaint procedure is set out in the Service Charter published on this page.
Safety Policy
1. The website www.vianova.it sets out the operating procedures used to carry out installation and support work at Customers’ premises, in compliance with Legislative Decree No. 81/2008, as subsequently amended.
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 the “GDPR”), with regard to the personal data that Vianova will obtain in its capacity as Data Controller, Vianova provides the following information:
1. The personal data, as defined in Article 4(1) of the GDPR, provided by the Customer shall be processed in accordance with this Article and, in any event, in compliance with applicable personal data protection legislation.
2. The data shall be processed for institutional purposes and for purposes connected with or instrumental to Vianova’s activities and, in particular:
  1. for purposes strictly connected with:
    - the management of the contractual relationship, for which processing is necessary for the performance of the Agreement to which the data subject is a party (the legal basis is the contract pursuant to Article 6(1)(b) of the GDPR) (contractual purposes)
    - the pursuit of a legitimate interest of the Data Controller (the legal basis is the legitimate interest of the Data Controller pursuant to Article 6(1)(f) of the GDPR). This legitimate interest consists of:
      - the conduct of Vianova’s business activities and, within the limits established by Article 130(4) of Legislative Decree No. 196/2003 (Privacy Code), the direct marketing of Services similar to those subscribed to by the Customer. With reference to the aforementioned Article 130(4), Vianova uses the email contact details provided by the data subject in the Agreement for the purpose of marketing Services similar to those covered by the same Agreement, unless the data subject objects to such use, either initially or upon receiving subsequent communications. In addition, in order to provide communications tailored to its Customers, Vianova analyzes, without automated procedures and also by means of electronic processing, consumption habits and preferences, with particular reference to traffic usage, in order to improve the services provided, meet the specific needs of Customer businesses and offer them new services and products capable of meeting the needs identified. In both cases, the data subject is informed of the possibility of objecting to the processing at any time, easily and free of charge, by writing to privacy@vianova.it.
      - the administration of customer satisfaction questionnaires in order to assess the quality of the services provided and the Customers’ level of satisfaction. For this purpose, Customers may be contacted by Vianova by email to participate in customer satisfaction surveys.
  2. to comply with obligations imposed by laws or regulations to which the Data Controller is subject (the legal basis is the law pursuant to Article 6(1)(c) of the GDPR) (legal obligations);
  3. to provide the information necessary for the conclusion of the proposed Agreement (the legal basis is Article 6(1)(b) of the GDPR) (pre-contractual purposes);
  4. to disclose the data to Vianova’s business partners (e.g. Partners) for the purpose of sending advertising material, including by automated means, via telephone channels, SMS, email and fax, the legal basis for which is the data subject’s explicit consent (the legal basis is the data subject’s consent pursuant to Article 6(1)(a) of the GDPR) (marketing purposes of business partners);
  5. to disclose the data to Vianova’s business partners (e.g. Partners) for the purpose of sending advertising material, including by automated means, via telephone channels, SMS, email and fax, the legal basis for which is the data subject’s explicit consent (the legal basis is the data subject’s consent pursuant to Article 6(1)(a) of the GDPR) (marketing purposes of business partners).
    Furthermore, the Data Controller reserves the right to use the data provided where necessary to protect its interests in judicial and administrative proceedings.
3. Disclosure of Data
  1. The data shall be disclosed within Vianova to persons responsible for activities relating to the Vianova services offered and shall be disclosed to third parties (including, by way of example, banks, consulting firms, technical partners and business partners) for the purposes of credit risk management, information, ensuring the execution of agreements and provision of Vianova services, providing the necessary technical and operational support and, where applicable, sending marketing communications.
  2. The scope of data disclosure shall be strictly limited to what is necessary for the performance of the tasks entrusted by us to the categories of third parties indicated above and shall always remain within the scope of the purposes listed.
  3. If the processed data are also transferred to countries outside the European Economic Area, Vianova ensures that the processing of personal data by the recipients to whom such data are transferred takes place in compliance with European Regulation 679/2016 and, in all cases, in accordance with the principles set out in Article 45 of GDPR 2016/679 concerning the existence of an adequacy decision by the European Commission or, in the absence of such decisions, in compliance with Article 46 concerning transfers subject to appropriate safeguards or in compliance with Article 49.
  4. Vianova has made the required designations and appointments and provided the necessary instructions pursuant to Articles 28 and 29 of the GDPR.
4. Nature of the Provision of Personal Data
  1. The provision of data for the purposes referred to in letters a) and c) of Article 16.2 is necessary, respectively, for the performance of the Agreement and the implementation of pre-contractual measures. If such data are not provided, Vianova will be unable to provide the services covered by the Agreement to which the data subject is a party or the related support, or to follow up on the data subject’s pre-contractual request.
  2. With regard to the purpose referred to in letter b) of Article 16.2, Vianova is required to comply with obligations imposed by law (e.g. processing of data for the purposes of crime prevention and prosecution pursuant to Article 132 of the Privacy Code) and, therefore, the data subject’s consent is not required.
  3. The provision of data for the purposes referred to in letters d) and e) of Article 16.2 is optional. Any refusal will prevent Vianova from sending commercial communications (with the exception of the application of Article 130(4) of the Privacy Code) or from disclosing the data to its partners for the commercial purposes of such third parties. The data subject shall always have the right to withdraw consent at any time without affecting the lawfulness of processing based on consent given prior to its withdrawal.
5. Processing Methods
  1. The data shall be processed both in paper form and electronically and/or by automated means, directly and/or through the third parties indicated above.
  2. The data may be processed and organized in databases.
6. Retention Period
  1. Personal data shall be deleted 10 years after termination of the Agreement or after the last relationship with the Customer (e.g. invoice or order submission) and, where the proposed Agreement is not finalized, 36 months after receipt thereof;
  2. For compliance with legal obligations, the retention period shall be that prescribed by law, while for marketing purposes it shall be 24 (twenty-four) months.
7. The Data Controller is Vianova S.p.A., with registered office at via di Montramito 431/A, 55054 Massarosa (LU), email info@vianova.it and certified email (PEC) info@pec.vianova.it.
8. Pursuant to Article 37 of the GDPR, Vianova has appointed Aksilia srl, Corso di Porta Vittoria 28, Milan, as Data Protection Officer. The Data Protection Officer may be contacted at dpo@vianova.it – certified email (PEC) dpo.consilia.srl@pec.it.
9. Data Subject Rights
  1. At any time, the Customer may exercise their rights against the Data Controller pursuant to Articles 15 et seq. of the GDPR by submitting a specific request to the contact details indicated above. In particular, each data subject has the right, at any time, to access their personal data, to have such data rectified or erased, to restrict the processing concerning them or to object to such processing, as well as the right to data portability.
  2. The Customer also has the right to lodge a complaint with the Italian Data Protection Authority.
10. Additional information in the event of subscription to the Vianova Mobile service:
  1. In compliance with the obligations under the GDPR, the Customer shall be solely responsible for providing End Users with information regarding the methods and purposes of processing their data in connection with the provision of the Vianova Mobile service.
  2. The Customer is, in fact, the independent Data Controller of the personal data of its employees and collaborators and is therefore responsible for processing such data in compliance with all obligations established by applicable legislation in this area (Privacy Code, GDPR, Pisanu Decree, Workers’ Statute, etc.).
  3. In particular, the Customer shall be required to ensure the collection of the personal details of End Users in compliance with Law No. 155/2005 (“Urgent measures to combat international terrorism”), as subsequently amended and supplemented.
  4. The Customer shall be responsible for retaining the End Users’ data and associating such data with the SIM Cards assigned to each of them.
  5. The Customer shall also be responsible for cooperating with and complying with any requests concerning the personal details of End Users made by Public Security authorities and the Judicial Authority – including where such requests are addressed directly to Vianova – and with any other request necessary to comply with obligations imposed by laws, regulations or European Union legislation.
11. Processing and Nature of Traffic Data pursuant to Article 123 of the Privacy Code
  1. Vianova processes telephone and electronic communications traffic data strictly necessary for billing purposes (including, by way of example, the called number, calling number, date, time and duration of the connection) and for documentary purposes in the event of an invoice dispute or a claim for payment, for a period not exceeding six months, without prejudice to any additional specific retention required as a result of a dispute, including judicial proceedings.
12. Unmasked Itemized Billing
  1. For fixed-line services, Vianova shall provide detailed “unmasked” billing, showing all digits of the numbers called, as provided for by the General Authorization of the Italian Data Protection Authority dated March 13, 2008, unless specifically requested otherwise by the Customer.
  2. The Customer shall be solely responsible for informing users of the service that billing will include the complete numbers called for all communications documented in the itemized bill.
Interpretation and Final Provisions
1. The Agreement shall be binding upon the Parties and their respective lawful successors or assigns.
2. The Agreement, including the attached documents that form an integral and substantial part thereof, constitutes the entire agreement between the Parties regarding its subject matter and supersedes any prior oral or written agreement or understanding previously entered into between the Parties.
Waiver of Consumer Protection
1. If the Customer is a microenterprise, small enterprise or nonprofit organization, it expressly waives the protections provided for under Articles 98-quaterdecies (contract information), 98-septiesdecies, paragraph 1 (maximum contract duration and right of withdrawal), and 98-noviesdecies (bundled offers) of the Electronic Communications Code.
2. The applicability of, and compliance with, the accessibility requirements established by Legislative Decree No. 82/2022 are expressly excluded.

Fixed-Line Services

Conclusion of the Agreement
1. Except as provided for in the following Article, the Agreement shall be deemed concluded when Vianova receives the contractual proposal completed and signed by the Customer, and its term shall commence on the date of activation of the Services specified in the Offer.
2. The Customer may submit the proposed Agreement
  1. by telephone, using the means of confirming the request required by the specific legislation governing distance communication techniques;
  2. by sending the signed proposed Agreement by ordinary mail to Vianova, via Montramito 431 – 55054 Massarosa (LU);
  3. by sending the completed and signed proposed Agreement by fax (to 05844244201) or through Vianova’s sales divisions, which will arrange to collect the signed contract form from the Customer;
  4. through Vianova’s sales divisions, which will arrange to collect the signed contract form from the Customer.
Technical and Financial Verification
1. The proposal shall be deemed irrevocable, pursuant to Article 1329 of the Italian Civil Code, for a period of 60 (sixty) days from the date it is received by Vianova.
2. Vianova reserves the right not to accept the proposed Agreement and not to proceed with activation of the Services in the following cases:
  1. the Customer has previously failed to meet its obligations toward Vianova;
  2. the Customer has been subject to protest proceedings or enforcement proceedings;
  3. the Customer is in liquidation, has filed an application for, or is subject to, insolvency proceedings;
  4. the Customer intends to resell telephone traffic and connectivity Services to its own customers using the Vianova network;
  5. for technical or organizational reasons that Vianova shall specify to the Customer.
3. If activation of the Services is not possible for technical reasons arising after acceptance of the proposal, including, by way of example, the unavailability of network resources supplied by third parties or failure by the competent authorities to issue the required permits, the Agreement shall be deemed automatically terminated, shall have no effect and shall not be binding upon the Parties, neither of which shall have any claim against the other.
4. In any event, Vianova reserves the right to verify the Customer’s financial standing before accepting any order and throughout the contractual relationship and may require an appropriate bank guarantee or a non-interest-bearing security deposit, the amount of which shall be proportionate to the value of the Services requested and the equipment supplied.
5. Vianova may at any time request an increase in the security deposit or bank guarantee if the guarantee provided is no longer considered adequate.
6. The Agreement, even in the absence of express acceptance, shall be deemed validly concluded upon activation of the Services by Vianova.
Activation of Services and Equipment
1. Upon signing the Agreement, the Customer shall provide a list of the telephone lines for which it intends to request the provision of the Services, specifying, where necessary, the exact location of each line at the premises covered by the Agreement.
2. The activation times for the Services are set out in the Service Charter, except for Services for which the relevant delivery date must be agreed with the Customer, including, by way of example, fiber-optic services.
3. For fiber, mixed fiber-copper and dedicated-band radio link access, the delivery date shall be estimated taking into account the time required to obtain permits and any authorizations from the competent authorities for installation and construction works.
4. Such works shall be carried out by parties specifically appointed by Vianova and shall be aimed at creating the necessary infrastructure up to the Customer’s property; all internal cabling work shall instead be the sole responsibility of the Customer.
5. With regard to Voice Services, where necessary, the Customer shall, at its own expense, make any changes required to the configuration of its PBX in order to ensure the operation of the Services provided by Vianova.
6. Where activation of the Services requires the delivery and installation of network termination and security equipment provided on a free-of-charge loan basis under this Agreement, Vianova, or another company appointed by it, shall arrange for delivery and installation at the locations specified by the Customer, at Vianova’s own expense.
7. For this purpose, the Customer hereby authorizes Vianova, or a company appointed by it, to carry out all necessary activities, including accessing the premises, in order to allow installation of the equipment, performance of the necessary technical checks and fulfillment of any other obligation under the Agreement.
8. The Customer shall bear any expenses and charges associated with delays in taking delivery.
9. The Customer shall also bear the cost of any activities necessary to provide access to and prepare the installation premises in accordance with the nature of the equipment and the technical specifications provided to the Customer sufficiently in advance of the scheduled installation date.
10. The Customer shall also bear the cost of all internal cabling, construction, environmental, electrical and mechanical work, which shall be carried out in accordance with Vianova’s instructions and in compliance with applicable workplace safety regulations (Legislative Decree No. 81/2008, as subsequently amended and supplemented).
11. Upon completion of the installation, Vianova shall carry out the relevant testing. Once testing has been successfully completed, the Customer shall receive instructions for the use and operation of the equipment.
12. Activation of the Service shall coincide with successful completion of testing; from that date, the periods relating to invoicing and use of the Services shall also commence. For Customers with multiple locations, the start of invoicing shall likewise be determined by successful testing at each individual location.
13. Any technical adjustments to the equipment covered by this Article that may become necessary for the provision of the Service shall be carried out exclusively by Vianova, at its own expense, or by a company appointed by it.
14. This shall not apply where equipment defects or faults are attributable to improper handling, tampering, negligence and/or lack of due care in the use or storage of the equipment. In such cases, Vianova shall replace or repair the equipment for a fee, in accordance with the prices and conditions applicable at that time.
15. Any changes to the configuration of the installed solutions shall be requested exclusively from Vianova, with the relevant contractual terms and conditions agreed in advance.
16. Any relocation and/or transfer of the equipment covered by this provision shall be requested exclusively from Vianova, which shall charge the relevant costs to the Customer.
17. All equipment is provided to the Customer on a free-of-charge loan basis. Upon termination of the relationship for any reason, the equipment provided on a free-of-charge loan basis shall remain the property of Vianova and shall be returned to Vianova’s address by courier, at Vianova’s expense, within 30 (thirty) days of termination of the contractual relationship.
18. If the Customer fails to return equipment provided on a free-of-charge loan basis and used by the Customer, Vianova shall charge the Customer the cost of the equipment and any related accessories.
19. The Customer shall be responsible for preserving and safeguarding, with due care, all equipment held on a free-of-charge loan basis throughout the term of the Agreement and, in any event, until such equipment is returned.
20. The Customer therefore agrees to compensate and hold Vianova harmless for any total loss of the equipment for any reason attributable to the Customer and for any damage caused to such equipment.
21. It is understood that, upon termination of the relationship for any reason, Vianova allows the Customer to continue paying any remaining installments of the activation fee at the same agreed monthly intervals or, alternatively, in a single lump-sum payment.
22. In compliance with Resolution 348/18/CONS, Vianova allows the Customer to select and purchase one of the devices published on its website; the Customer shall receive specific configuration instructions by means of a dedicated communication; alternatively, assistance from Customer Service may always be requested.
23. The operation of the Services is not guaranteed if the Customer chooses to configure equipment other than that specified by Vianova; in such cases, Vianova shall provide all support necessary for the operation of its own Services.
24. In any event, Vianova shall not be liable for service disruptions relating exclusively to the operation of terminal equipment selected by the Customer.
IP Addresses
1. For connectivity services, Vianova assigns Customers the number of IP addresses provided for under each individual Service.
2. Vianova shall in all cases remain the holder of such addresses.
3. Any requests for additional addresses shall be submitted to Vianova and shall in any event be subject to actual approval by the competent Authority.
Customer Obligations in the Use of the Services
1. Without prejudice to any other obligation provided for by law or by the Agreement, throughout the term of the Agreement the Customer agrees to:
  1. use the Services in compliance with all applicable laws and regulations and not use the Service to provide services that are contrary to mandatory provisions of law, public order or public morality, or that may impair the operation of the Vianova network;
  2. refrain from transmitting, disclosing, distributing, sending or otherwise circulating through the Services any information, data and/or material that is obscene, blasphemous, defamatory, infringes third-party rights or violates applicable laws and industry regulations, and not allow third parties to use the Service for any of the aforementioned purposes;
  3. not infringe, through the Services or in domain registration requests, any third-party intellectual or industrial property rights, not compromise or violate the confidentiality of correspondence and not violate the privacy of other network users;
  4. use the Services exclusively in connection with its own business activities, not resell them to third parties and, in any event, not abuse the commercial Offer;
  5. safeguard its access codes and passwords with due care and assume responsibility for the consequences of improper use, including use by third parties, affecting other Customers or Vianova;
  6. notify Vianova of any changes to its identification details (including, by way of example, company name, address or telephone number) at least 5 (five) business days in advance, also in order to avoid suspension or interruption of the Service;
  7. pay, by the applicable deadlines, the agreed fees for the Services covered by this Agreement and any remaining installments of the activation fee in the event of early termination of the relationship, in addition to any applicable deactivation costs.
Fees and Invoicing
1. For the Services provided, the Customer shall pay Vianova the amounts due under this Agreement and as specified in the Offer published on the website www.vianova.it or in the commercial offer document prepared for and signed by the Customer.
2. VAT at the applicable statutory rate shall be added to all invoiced amounts.
3. Upon signing, the Customer may request payment of the activation fee in installments, subject to Vianova’s acceptance.
4. Invoices for the Services shall be issued monthly, and monthly fees shall be invoiced in advance.
5. If the minimum taxable amount of EUR 10 is not reached, invoicing may be deferred to the following month.
6. Invoices shall be payable within 30 (thirty) days of the date of issue.
7. Invoices shall be sent in accordance with the applicable electronic invoicing provisions; a courtesy copy shall be published in the Customer Area of the website www.vianova.it within the time limits established by law or, upon request, sent to the Customer in paper format at no additional charge.
8. Detailed traffic records shall be available free of charge on the website www.vianova.it.
Term, Automatic Renewal and Withdrawal
1. Unless otherwise agreed, this Agreement shall have, for each individual Service, an agreed term of 12 (twelve) months from the activation date and shall automatically renew for successive periods of 12 (twelve) months unless notice of termination is sent by registered letter with return receipt or certified email (PEC) at least 30 (thirty) days before the expiration date. In any event, the Customer may withdraw from the Agreement by giving written notice by registered letter with return receipt or certified email (PEC) at least 30 (thirty) days in advance.
2. In the event of early withdrawal before the specified or agreed expiration dates, Vianova may request payment of expenses justified by the costs incurred.
3. Any migration to another Operator shall take place in accordance with the methods, terms and time limits established by the procedures applied between Operators and governed by measures issued by the Authority. Accordingly, termination of the Services shall take place in accordance with the Customer’s wishes and applicable legislation. If some or all of the Customer’s numbers are ported to another operator, the services provided through the access associated with the ported numbers shall remain active and the related invoicing shall continue without interruption.
4. In the event of termination of the Agreement, the Customer shall retain the right to transfer a number from the national numbering plan to another operator for at least 1 (one) month from the date of termination.
Limitation and Suspension of Services
1. With the Vianova Profili Offer and the Vianova SIP Trunk Offer in combination with Vianova Connect, Vianova routes Voice and Data traffic over dedicated circuits, each configured with guaranteed and monitored minimum bandwidth, and monitors network status every 60 (sixty) seconds, notifying the Customer in advance of any malfunctions.
2. During the provision of the Services, if Vianova detects or identifies abnormal traffic volumes that are significantly higher than those expected on the basis of the Customer’s statements or the volumes generated in previous periods, Vianova may, as a precautionary measure, suspend the provision of the Services and request the provision or increase of appropriate guarantees.
3. Vianova may introduce a maximum size limit for email messages and a maximum number of messages transmitted over its network in order to protect network efficiency and prevent attacks intended to compromise its operation.
4. Vianova may suspend the provision of the Services at any time, in whole or in part and without prior notice, in the event of failures affecting the network or equipment required to provide the Services, where such Services are provided over the Vianova network.
5. Any suspension of the Services ordered by Vianova for any reason pursuant to these contractual terms and conditions shall, whenever technically possible, allow the Customer to make calls to emergency numbers and receive incoming calls.
6. The Customer is informed that the IP telephony Service cannot be used in the event of a power outage and that activation of the Service does not guarantee the operation of any ancillary Services supplied by third parties whose operation relies on the telephone line (e.g. alarms, remote assistance services, etc.). By subscribing to the Vianova SIP Trunk Offer, the Customer acknowledges that provision of the Service depends on the quality of the connectivity service supplied by third parties and that, in the absence of a data connection, Vianova cannot guarantee Quality of Service (QoS).
7. In such circumstances, the Customer is also informed that the IP telephony service allows calls to be made using a “Caller ID” that may not correspond to the Customer’s actual location.
8. Calls to emergency numbers made in nomadic mode shall be routed to the emergency center for the district corresponding to the area code of the calling number, regardless of the district from which the call actually originates.
9. Geographic numbers assigned for use by Vianova or ported from other Operators may be used exclusively within the national territory, in accordance with the applicable National Numbering Plan. Permanent use of such numbers from locations outside Italy is prohibited, including through applications or software platforms that allow their remote management. The Customer shall indemnify and hold Vianova harmless from any liability, penalty or charge arising from non-compliant use of geographic numbers.
Express Termination Clause
1. Vianova shall be entitled to terminate the Agreement pursuant to and for the purposes of Article 1456 of the Italian Civil Code simply by sending a registered letter with return receipt or certified email (PEC), not only in the event of non-payment of invoices after the applicable payment deadline has expired without payment, but also in the event of a breach of the obligations set out in Article 5 (Customer Obligations in the Use of the Services) or where any of the circumstances set out in Article 2 (Technical and Financial Verification) occurs.
2. In the event of termination of the Agreement, the Customer shall pay Vianova all fees accrued up to the termination date, without prejudice to Vianova’s right to claim compensation for any greater damages suffered.

VPN Service

Subject Matter of the Service
1. The VPN TeleWork service (hereinafter the “VPN Service”) enables encrypted Data connections to be established between the Customer’s premises and the Customer’s remote users.
2. The VPN Service allows the Customer’s collaborators to establish one or more VPNs to connect a remote PC or tablet to the Customer’s LAN.
3. The VPN Service consists of enabling VPN data traffic at one or more of the Customer’s Vianova locations and includes the provision of software (hereinafter also the “Application” or “Software”) and the assignment of credentials (Username and Password) for remote access to corporate LANs or Clouds.
Terms of Service Provision
1. The technical and economic characteristics of the VPN Service are described in the Offer.
2. Vianova grants a non-exclusive, revocable, limited-use, non-transferable, non-sublicensable and non-resalable license to use the Application for the purpose of using the VPN Service.
3. Vianova shall use reasonable efforts to ensure that the Application is available at all times, without providing any express or implied warranty in this regard. However, within the limits of the technical support provided by the manufacturer, Vianova shall provide all necessary support and technical assistance.
4. Installation or use of the Application shall also constitute the user’s consent to the transmission of certain standard computer information during validation, automatic download and installation of certain updates.
5. Vianova undertakes to use state-of-the-art technology and the best resources available to it to provide the VPN Service.
6. Vianova may carry out scheduled maintenance or replace hardware equipment, which may result in interruptions to the Service, after giving the Customer, through its technical contact person, at least 3 (three) business days’ prior notice. Vianova shall not be required to pay the Customer any compensation for such interruptions.
7. In the event of extraordinary service disruptions, Vianova undertakes to promptly notify the Customer, through its technical contact person, and to act promptly to resolve them and mitigate their effects.
Activation, Installation and Updates
1. The executable version of the program shall be available for download by Customers who subscribe to the VPN Service.
2. The VPN Service may only be activated after activation of the fixed-line Service.
3. The installation process shall be carried out by the Customer after obtaining the file containing the program.
4. There is no limit to the number of installations of the Software, but only one simultaneous session may be active for each username.
5. The Customer may be unable to use the Application, in whole or in part, until the latest version has been downloaded and any new applicable terms and/or conditions of use have been accepted.
6. In any event, Vianova reserves the right to modify or update the Application and/or change the technical configuration of the Service at any time, at its sole discretion, with immediate effect and without any obligation to provide prior notice or information, where required for the management, maintenance and/or updating of the VPN Service and the Application.
Customer Obligations, Prohibitions and Liability
1. The Customer undertakes and agrees to:
  1. use the Application and the VPN Service only for purposes permitted by law;
  2. ensure that the personal data provided for the full performance of the Service are accurate, up to date and truthful and allow the Customer’s true identity to be established;
  3. comply with the technical instructions provided by Vianova so that the VPN Service is used correctly and appropriately;
  4. indemnify and hold Vianova harmless from any liability arising from complaints, legal actions, administrative or judicial proceedings, losses or damages (including legal fees) resulting from unlawful or non-compliant use of the Service;
  5. acknowledge that it is solely and exclusively responsible for activities carried out through the VPN Service or directly or indirectly attributable to it;
  6. not copy, distribute, publish, reverse engineer, decompile, modify or translate the Application, nor attempt to access its source code in order to create products derived from the Application’s source code or for any other purpose;
  7. not sell, assign, sublicense, transfer, distribute or rent the Application, nor distribute or sell information and data received through use of the Application;
  8. not make the Application available to third parties through electronic communications networks or by any other means;
  9. not modify or remove copyright notices, information, logos or any other proprietary notices and/or information contained in the Application;
  10. not use any automatic or manual means, device, process, software, program, algorithm, methodology or routine, including, by way of example only, “robots,” “spiders” or other similar processes or functionalities, for the purpose of interfering, or attempting to interfere, with the Application or its operation;
  11. not use the Application or the VPN Service for any unlawful, obscene, offensive, insulting, harassing or improper purpose that may infringe rights, including Vianova’s image rights and intellectual property rights.
2. The methods and rules of use, as well as the rights and obligations of the user of the Application, are further defined in Articles 64-bis, 64-ter and 64-quater of the Italian Copyright Law (Law No. 633 of April 22, 1941) and in the Cisco End User License Agreement (“EULA”), which is expressly incorporated by reference.
3. The Customer acknowledges that the Application uses the Internet and that its quality and availability may therefore be affected by factors beyond Vianova’s reasonable control.
4. In any event, it is expressly understood that, in relation to the Service, Vianova is not subject to any general monitoring obligation and therefore does not control or monitor the conduct or actions of the Customer, nor does it control or monitor the information and/or data and/or content entered by the Customer when using the Service.
5. In any event, Vianova reserves the right to suspend the Service, giving notice to the Customer, if, in its sole discretion or following a report by a third party, it considers that the Customer is carrying out activities that violate the obligations set out in this Article, or where there are justified security or confidentiality concerns.
6. In such case, following notification from Vianova, including by email, the Customer shall immediately remove the causes giving rise to the objection or provide appropriate documentation demonstrating full compliance of its activities with applicable law.
7. If the Customer fails to respond promptly, Vianova shall have the right to terminate the Agreement immediately, without prejudice to its right to full payment of the Service fees and to seek full compensation for any damages suffered.
8. If the Customer uses hardware or software in addition to that supplied by Vianova, any malfunction of such equipment affecting the VPN Service shall not be attributable to Vianova. In such cases, the Customer shall contact its third-party suppliers directly in order to restore the VPN Service.
Term and Withdrawal
1. The term of the Service shall be the same as that of the agreement for Vianova fixed-line services.
2. The Customer may withdraw from the Agreement at any time by sending Vianova notice by certified email (PEC) to info@pec.vianova.it at least 30 (thirty) days in advance.
3. In the event of termination of the contractual relationship with Vianova or withdrawal from the Service, in addition to deactivation of the Service functions, all data entered by the Customer and stored on Vianova’s servers shall be permanently deleted and irrecoverable, without Vianova bearing any responsibility for retaining or saving such data.
4. The Customer shall therefore be responsible for saving the data on a different storage medium before the agreed expiration date.
Amendments to the Agreement
1. The Customer acknowledges and accepts that the VPN 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 related tools and to amend these Terms and Conditions at any time, including after the Agreement has been signed, without giving rise to any obligations of any kind for the Customer.
Reference to Other Terms
1. For all matters not expressly governed herein, the general terms and conditions for the provision of Vianova services and the specifications set out on the individual website pages dedicated to the Service shall apply to the VPN Service.

Cloud Service

Subject Matter of the Service
1. The subject matter of the service is the provision by Vianova to the Customer of the Vianova Cloud Service (hereinafter the “Service”), namely the granting to the Customer of the right to use a portion of the storage and processing capacity of physical servers equipped with an operating system, installed at Vianova’s Server Farm and hosting the Customer’s software and data, which the Customer shall manage independently through its Customer Area.
Terms of Service Provision
1. The Service is provided through customizable and scalable solutions, available in the relevant section of the website, which also sets out the technical and economic characteristics and the operating procedures for provision of the Service.
2. Unless otherwise agreed between the Parties, the Service is provided on a “pay per use” basis, with charges calculated according to the resources actually activated and used by the Customer through its Customer Area.
3. The selection of the configuration best suited to its needs and the type of operating system (e.g. Linux or Windows) shall be the sole responsibility of the Customer. The Customer shall independently configure the individual resources through its Customer Area.
4. Vianova undertakes to use state-of-the-art technology and the best resources available to it to provide the Service and ensure the proper operation of the network equipment used for Internet connectivity.
5. The Service is available 24 hours a day, except for any suspensions required for maintenance activities.
6. Vianova may carry out scheduled maintenance or replace hardware equipment, which may result in interruptions to the Service, by giving at least 3 (three) business days’ prior notice. Vianova shall not be required to pay the Customer any compensation for such interruptions.
7. In the event of extraordinary service disruptions, Vianova undertakes to promptly notify the Customer and to act without delay to resolve them and mitigate their effects.
Access Codes
1. Vianova shall provide the Customer with administrator-level access codes for the Service; the Customer shall be required to change the codes upon first access.
2. The Customer:
  1. acknowledges and accepts that knowledge of its passwords by third parties could allow such third parties to make unauthorized use of the Service registered to the Customer and to access its programs and data;
  2. therefore undertakes to keep and use such passwords with the utmost confidentiality and care;
  3. shall be held liable for any damage caused to Vianova or third parties as a result of failure to comply with the foregoing;
  4. also undertakes to promptly notify Vianova in writing of any theft, misplacement or loss of access credentials;
  5. also undertakes to immediately notify Vianova of any unauthorized use of its account or any other identified security breach.
Changing the Selected Configuration
1. The Customer may, at any time, select a different configuration of the Service (RAM, disk space, Internet bandwidth, etc.) and modify it independently through its Customer Area. Vianova shall not be held liable for any loss of data resulting from a change in configuration.
Prohibition on Assignment
1. The Customer undertakes, under its own responsibility, not to assign or transfer the Service to third parties for any reason, unless a specific agreement to this effect has been entered into with Vianova.
Software
1. The Customer shall be responsible for any damage caused to itself, Vianova or other Customers as a result of improper installation of software, installation of unlicensed or harmful software, or the execution or development of harmful software.
2. Vianova reserves the right to suspend the Customer’s Service at any time and without prior notice if software installed by the Customer causes damage, reduces the level of security or is used for unlawful activities.
3. Any Microsoft licenses supplied (hereinafter the “Licenses”) are owned by Microsoft and granted to Vianova, in its capacity as Cloud Provider, for provision of the Service. Vianova grants the Customer the right to use the Licenses for the entire term of the Service.
4. As an alternative to the provisions of Article 6.3, the Customer may use its own Licenses; in such case, it shall comply with the terms of Microsoft’s Flexible Virtualization Benefit.
5. Vianova reserves the right to conduct audits at the Customer’s premises in order to verify compliance with the terms and conditions established by Microsoft for the proper use of the Licenses.
6. If the Customer uses virtual machines that are not covered by Licenses, or fails to comply with any of the conditions set out in this Article 6, Vianova shall send appropriate notice to the Customer, including by email, requesting that the Customer remedy the cause of the non-compliance. If the non-compliance persists, Vianova shall have the right to suspend the Service.
Server Farm
1. The servers used to provide the Service are located in Vianova’s Server Farm.
2. Vianova reserves the right to relocate the equipment used for this Service to another location that it considers more appropriate, subject to prior notice to the Customer.
Disaster Recovery
1. The Disaster Recovery service enables service operations to be restored following a disaster affecting the primary Data Center by restarting the virtual machines in Vianova’s secondary Data Center.
2. The RTO (Recovery Time Objective), understood as the period of time required to restart the virtual machines, is set at 10 minutes.
3. The RPO (Recovery Point Objective), understood as the maximum tolerable amount of data loss, is zero.
4. If the Customer has not subscribed to the Disaster Recovery service, a duplicate copy of the data shall still be available in the secondary Data Center, but restoration of the virtual machines shall be the sole responsibility of the Customer; in such case, Vianova does not guarantee that sufficient resources will be available to restart the virtual machines in the secondary Data Center.
Customer Obligations, Prohibitions and Liability
1. The Customer undertakes to:
  1. use the Service only for purposes permitted by law and, by way of example, shall be prohibited from:
    - publishing material that infringes intellectual property rights, trade secrets, trademarks, patents or other statutory or customary rights;
    - publishing material whose content is contrary to public morality or public order and is intended to disturb public or private peace or cause offense or direct or indirect harm to any person;
    - publishing material containing child pornography;
    - publishing material capable of violating or attempting to violate the confidentiality of private messages, or intended to damage the integrity of third-party resources or cause direct or indirect harm to any person (unlicensed software, cracks, key generators, serial numbers, viruses, worms, Trojan horses or other harmful components);
    - publishing material intended for spamming or equivalent activities.
  2. ensure that the personal data provided for the full performance of the Service are accurate, up to date and truthful and allow the Customer’s true identity to be established;
  3. indemnify and hold Vianova harmless from any liability arising from complaints, legal actions, administrative or judicial proceedings, losses or damages (including legal fees) resulting from unlawful use of the Service by the Customer;
  4. comply with any technical instructions provided by Vianova regarding the use of hardware and software so that they are used correctly and appropriately;
  5. acknowledge that it is solely and exclusively responsible for activities carried out through the Service or directly or indirectly attributable to it and, in particular, that it is responsible for content published, disseminated and transmitted through the Service.
2. Vianova reserves the right to suspend the Service, giving notice to the Customer, if, in its sole discretion or following a report by a third party, it considers that the Customer is carrying out activities that violate the obligations set out in this Article, or where there are justified security or confidentiality concerns.
3. In such case, following notification from Vianova, including by email, the Customer shall immediately remove the causes giving rise to the objection or provide appropriate documentation demonstrating that its activities fully comply with applicable law.
4. If the Customer fails to respond promptly, Vianova shall have the right to terminate the Agreement immediately, without prejudice to its right to full payment of the Service fees and to seek full compensation for any damages suffered.
5. In any event, it is expressly understood that, in relation to the Service, Vianova is not subject to any general monitoring obligation and therefore does not control or monitor the conduct or actions of the Customer through such infrastructure, nor does it control or monitor the information and/or data and/or content entered by the Customer into the infrastructure; in any event, Vianova is and shall remain entirely unrelated to the activities carried out by the Customer through remote access using the Access Codes referred to 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) provides for 99.5% availability on a monthly basis. The Customer may request a Service monitoring report by contacting Customer Service.
7. The Customer is responsible for keeping the security systems of its virtual machines up to date. Any damage, including damage to third parties, resulting from failure to update the security systems of the virtual machines shall in no way be attributable to Vianova and shall remain the sole responsibility of the Customer.
Limitations 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 liabilities toward the Customer are those defined in these Terms and Conditions and in the Vianova Service Charter; therefore, in any case of breach or non-performance attributable to Vianova, Vianova shall be liable within the limits provided for by the SLA, and any other compensation or damages payable to the Customer for direct or indirect damages of any nature or kind are expressly excluded.
3. Under no circumstances shall Vianova be held liable for direct or indirect damages caused to users of the Service as a result of improper use of the Service or failure to comply with the rules and obligations described in these contractual terms and conditions, or for events beyond its reasonable control and not directly attributable to Vianova, including, by way of example:
  1. force majeure events, namely unforeseeable and unavoidable events beyond Vianova’s control, including, by way of example, earthquakes, floods, inundations, wars, embargoes, strikes and measures adopted by government authorities
  2. events attributable to third parties, including, by way of example, interruptions or malfunctions of telecommunications operators’ services or power lines;
  3. malfunctions of terminals or other communication systems used by the Customer.
4. Vianova shall also be exempt from any liability in the event of destruction, loss, theft, damage or deterioration, even partial, of the Customer’s hardware, software or data for any reason not resulting from Vianova’s gross negligence and/or from a change in the configuration referred to in Article 7 or other activities carried out by the Customer.
5. In any event, the Customer undertakes to indemnify and hold Vianova harmless from any and all claims brought against it by third parties in connection with the damages described above.
6. Vianova shall in no way be held liable for any breach by the Customer of the terms and conditions established by Microsoft for the use of the Licenses, which the Customer declares to know and accept by signing the Agreement.
7. If the Customer uses its own Licenses, Vianova shall not be held liable for the Customer’s failure to comply with the terms of Microsoft’s Flexible Virtualization Benefit.
8. Vianova may also, upon adequate prior notice, at its discretion and for scheduled activities, modify or revise the functionalities or characteristics of the Service for technical reasons, while in all cases ensuring adequate functionality.
9. The Customer shall perform a complete backup of its data and/or content processed through the virtual infrastructure and shall adopt all necessary security measures to safeguard such data and/or content.
Term and Withdrawal
1. The Service may also be activated without an agreement for Vianova fixed-line services.
2. The term of the Service shall be the same as that of the agreement for Vianova fixed-line services, if subscribed to; otherwise, it shall have the term agreed between the Parties in the relevant contract form.
3. The Customer may withdraw from the Agreement at any time by sending Vianova notice by certified email (PEC) to info@pec.vianova.it at least 30 (thirty) days in advance.
4. In the event of termination of the contractual relationship with Vianova or withdrawal from the Service, in addition to deactivation of the Service functions, all data and materials entered by the Customer and stored on Vianova’s servers shall be permanently deleted and irrecoverable, without Vianova bearing any responsibility for retaining or saving them.
5. The Customer shall therefore be responsible for saving the data on a different storage medium before the agreed expiration date.
Amendments to the Agreement
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 related tools and to amend these Terms and Conditions at any time, including after the Agreement has been signed, without giving rise to any obligations of any kind for the Customer.
Reference to Other Terms
1. For all matters not expressly governed herein, the general terms and conditions for the provision of Vianova services and the specifications set out on the individual website pages dedicated to the Service shall apply to the Cloud Service.

Backup Service

Subject Matter of the Service
1. The subject matter of the service is the provision by Vianova to the Customer of the Vianova Backup Service (hereinafter the “Service”), namely the granting to the Customer of the right to use storage space in the Vianova Cloud in which to save a copy of Microsoft 365 data (Exchange Online, SharePoint Online, Teams, OneDrive).
Terms of Service Provision
1. The Service is provided through customizable and scalable solutions, available in the relevant section of the website, which also sets out the technical and economic characteristics and the operating procedures for provision of the Service.
2. In order to activate the Backup Service for Microsoft 365, a Microsoft 365 plan is required and is not included in the Service.
3. The Customer shall independently configure and activate the Service through its Customer Area.
4. Vianova undertakes to use state-of-the-art technology and the best resources available to it to provide the Service and ensure the proper operation of the network equipment used for Internet connectivity.
5. The Service shall be available 24 hours a day, except for any suspensions required for maintenance activities.
6. Vianova may carry out scheduled maintenance or replace hardware equipment, which may result in interruptions to the Service, by giving at least 24 (twenty-four) business hours’ prior notice. Vianova shall not be required to pay the Customer any compensation for such interruptions.
7. In the event of extraordinary service disruptions, Vianova undertakes to promptly notify the Customer.
8. The Customer:
  1. acknowledges and accepts that knowledge of its passwords by third parties could allow such third parties to make unauthorized use of the Service registered to the Customer and to access its data;
  2. therefore undertakes to keep and use such passwords with the utmost confidentiality and care;
  3. shall be held liable for any damage caused to Vianova or third parties as a result of failure to comply with the foregoing;
  4. also undertakes to promptly notify Vianova in writing of any theft, misplacement or loss of access credentials;
  5. also undertakes to promptly notify Vianova of any unauthorized use of its account or any other identified security breach.
Prohibition on Subletting
1. The Customer undertakes, under its own responsibility, not to transfer the Service to third parties for any reason and to respect, and ensure that third parties respect, Vianova’s rights in relation to the Service.
Software
1. The Customer shall be responsible for any damage caused to itself, Vianova or other Customers as a result of improper installation of software, installation of unlicensed or harmful software, or the execution or development of harmful software.
2. Vianova reserves the right to suspend the Customer’s Service at any time and without prior notice if software installed by the Customer causes damage, reduces the level of security or is used for unlawful activities.
Server Farm
1. The servers used to provide the Service are located in Vianova’s Server Farm.
2. Vianova reserves the right to relocate the equipment used for this Service to another location that it considers more appropriate, subject to prior notice to the Customer.
Customer Obligations, Prohibitions and Liability
1. The Customer undertakes to:
  1. use the Service only for purposes permitted by law and ensure that the material being backed up does not violate applicable law and, by way of example, does not:
    - infringe intellectual property rights, trade secrets, trademarks, patents or other statutory or customary rights;
    - contain material contrary to public morality or public order and intended to disturb public or private peace or cause offense or direct or indirect harm to any person;
    - contain child pornography;
    - be capable of violating or attempting to violate the confidentiality of private messages, or be intended to damage the integrity of third-party resources or cause direct or indirect harm to any person (unlicensed software, cracks, key generators, serial numbers, viruses, worms, Trojan horses or other harmful components);
    - be intended for spamming or equivalent activities.
  2. ensure that the personal data provided for the full performance of the Service are accurate, up to date and truthful and allow the Customer’s true identity to be established;
  3. indemnify and hold Vianova harmless from any liability arising from complaints, legal actions, administrative or judicial proceedings, losses or damages (including legal fees) resulting from unlawful use of the Service by the Customer;
  4. comply with any technical instructions provided by Vianova regarding use of the Service so that it is used correctly and appropriately;
  5. acknowledge that it is solely and exclusively responsible for activities carried out through the Service or directly or indirectly attributable to it and, in particular, that it is responsible for content published, disseminated and transmitted through the Service.
2. Vianova reserves the right to suspend the Service, giving notice to the Customer, if, in its sole discretion or following a report by a third party, it considers that the Customer is carrying out activities that violate the obligations set out in this Article, or where there are justified security or confidentiality concerns.
3. In such case, following notification from Vianova, including by email, the Customer shall immediately remove the causes giving rise to the objection or provide appropriate documentation demonstrating that its activities fully comply with applicable law.
4. If the Customer fails to respond immediately, Vianova shall have the right to terminate the Agreement immediately, without prejudice to its right to full payment of the Service fees and to seek full compensation for any damages suffered.
5. In any event, it is expressly understood that, in relation to the Service, Vianova is not subject to any general monitoring obligation and therefore does not control or monitor the conduct or actions of the Customer through such infrastructure, nor does it control or monitor the information and/or data and/or content entered by the Customer into the infrastructure; in any event, Vianova is and shall remain entirely unrelated to the activities carried out by the Customer through remote access using the Access Codes referred to in Article 4 of these Terms and Conditions.
Limitations of Liability
1. Vianova’s obligations and liabilities toward the Customer are those defined in these Terms and Conditions; therefore, any other compensation or damages payable to the Customer for direct or indirect damages of any nature or kind are expressly excluded.
2. Under no circumstances shall Vianova be held liable for direct or indirect damages caused to users of the Service as a result of improper use of the Service or failure to comply with the rules and obligations described in these contractual terms and conditions, or for events beyond its reasonable control and not directly attributable to Vianova, including, by way of example:
  1. force majeure events;
  2. events attributable to third parties, including, by way of example only, interruptions or malfunctions of telecommunications operators’ services or power lines;
  3. malfunctions of terminals or other communication systems used by the Customer.
3. Vianova shall also be exempt from any liability in the event of destruction, loss, theft, damage or deterioration, even partial, of the Customer’s hardware, software or data for any reason not resulting from Vianova’s gross negligence and/or from other activities carried out by the Customer.
4. In any event, the Customer undertakes to indemnify and hold Vianova harmless from any and all claims brought against it by third parties in connection with the damages described above.
5. Vianova shall in no way be held liable for any breach by the Customer of the terms and conditions established by Microsoft for the use of the Licenses, which the Customer declares to know and accept by signing the Agreement.
6. Vianova may also, upon adequate prior notice, at its discretion and for scheduled activities, modify or revise the functionalities or characteristics of the Service for technical reasons, while in all cases ensuring adequate functionality.
Term and Withdrawal
1. The Service may also be activated without an agreement for Vianova fixed-line services.
2. The term of the Service shall be the same as that of the agreement for Vianova fixed-line services, if subscribed to; otherwise, it shall have the term agreed between the Parties in the relevant contract form.
3. The Customer may withdraw from the Agreement at any time by sending Vianova notice by certified email (PEC) to info@pec.vianova.it at least 30 (thirty) days in advance, or may independently deactivate the Service through its Customer Area.
4. In the event of termination of the contractual relationship with Vianova or cancellation of the Service, in addition to deactivation of the Service functions, all data and materials entered by the Customer and stored on Vianova’s servers shall be deleted, without Vianova bearing any responsibility for retaining or saving them.
5. The Customer shall therefore be responsible for saving the data on a different storage medium before the agreed expiration date.
Amendments to the Agreement
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 related tools and to amend these Terms and Conditions at any time, including after the Agreement has been signed, without giving rise to any obligations of any kind for the Customer.
Reference to Other Terms
1. For all matters not expressly governed herein, the general terms and conditions for the provision of Vianova services and the specifications set out on the individual website pages dedicated to the Service shall apply to the Backup Service.

Certified Email (PEC) Service

Subject Matter of the Service
1. These specific contractual terms and conditions, together with the Operating Manual prepared by the Provider and published on this page, govern the methods and terms under which Vianova grants the Customer the right to use the Certified Email (PEC) Service, managed by Aruba PEC spa, with the technical and economic characteristics of Vianova’s commercial Offer and as specified in the Operating Manual prepared by the Provider.
Definitions
- Vianova: the entity that, pursuant to a separate agreement entered into with the certified email service provider Aruba PEC spa, registered in the public list of Providers maintained by CNIPA, is authorized to grant third parties the right to use the PEC Service and is responsible for invoicing the Customer for the Service provided;
- Customer: the party to whom Vianova grants the right to use the individual certified email mailbox activated through the PEC Service;
- Provider: Aruba PEC spa (VAT No. 01879020517);
- PEC: Certified Electronic Mail (Posta Elettronica Certificata);
- PEC Service: Certified Electronic Mail Service;
- PEC Domain: Certified Electronic Mail domain;
- PEC Mailbox: a Certified Electronic Mail mailbox defined within a PEC Domain and associated with a system for the “transmission” of electronic documents that is broadly similar to a “traditional” email service, but includes additional features that provide users with legally valid proof that email messages have been sent and delivered, or not delivered, to the recipient;
- CNIPA: National Center for Information Technology in Public Administration, now known as DigitPA pursuant to Legislative Decree No. 177/2009.
Changes to the Terms of Service Provision
1. Vianova reserves the right to fully manage the PEC Service itself, replacing Aruba PEC spa, from the time it becomes a certified PEC Provider, subject to written notice to the Customer.
2. If Vianova amends these Specific Terms and Conditions, such amendments shall be communicated to the Customer in writing and shall take effect 30 (thirty) days after the date of notification.
3. Within the same period, the Customer may exercise the right to withdraw from the Service by sending written notice by certified email (PEC) to info@pec.vianova.it.
4. If the Customer does not exercise the right of withdrawal within the time limits and according to the procedures indicated above, the changes shall be deemed definitively known and accepted by the Customer and shall take effect upon expiration of the aforementioned 30 (thirty)-day period.
Requirements
1. The Customer shall independently obtain the hardware and software resources necessary to use the PEC Service and shall assume full responsibility for their functionality, compatibility with the Service and correct configuration.
Documentation
1. The PEC Service may be activated upon receipt of the PEC subscription form and self-certification declaration bearing the original signature, together with a copy of a valid identity document.
2. Vianova reserves the right not to activate the Service if the signature appearing on the documentation is not consistent with the signature on the attached identity document.
Obligations, Prohibitions and Liability of the PEC Mailbox Holder
1. The Customer undertakes to:
  1. indemnify and in any event hold Vianova harmless from any liability concerning the content of messages and all information published on the Internet;
  2. use the Service only for purposes permitted by law and, by way of example only, shall be prohibited from sending, transmitting or sharing material:
    - that infringes or violates intellectual property rights, trade secrets, trademarks, patents or other statutory or customary rights;
    - whose content is contrary to public morality or public order and is intended to disturb public and/or private peace or cause offense or direct or indirect harm to any person;
    - containing child pornography, pornography or obscene material or otherwise contrary to public morality;
    - capable of violating or attempting to violate the confidentiality of private messages or intended to damage the integrity of third-party resources or cause direct or indirect harm to any person (pirated software, cracks, key generators, serial numbers, viruses, worms, Trojan horses or other harmful components);
    - intended for spamming or equivalent activities.
  3. ensure that the personal data provided for the full performance of the PEC Service are accurate, up to date and truthful and allow the Customer’s true identity to be established;
  4. indemnify and hold the Provider and Vianova harmless from any liability arising from complaints, legal actions, administrative or judicial proceedings, losses or damages (including legal fees and expenses) resulting from unlawful use of the Services by the User.
Limitations of Liability
1. The Customer acknowledges and accepts that knowledge of its access credentials by third parties could allow such third parties to make unauthorized use of the Services registered to the Customer and to access its email mailbox.
2. The Customer therefore undertakes to keep and use such credentials with the utmost confidentiality and care.
3. The Customer shall be held liable for any damage caused to the Provider, Vianova and/or third parties as a result of failure to comply with the foregoing.
4. The Customer also undertakes to file a report with the competent authorities and to promptly notify Vianova in writing of any theft, misplacement or loss of access credentials.
5. Under no circumstances shall Vianova or the Provider be held liable for direct or indirect damages:
  1. caused to any person, including the Customer, as a result of unauthorized publication by third parties of text uploaded to the network or distributed by Customers who hold PEC mailboxes;
  2. caused to users of the Service as a result of improper use of the system or failure to comply with the rules and obligations described in these contractual terms and conditions and in the Operating Manual prepared by the Provider;
  3. arising from force majeure, unforeseeable events or catastrophic events (including, by way of example and without limitation, fires, earthquakes, explosions, etc.);
  4. caused by the content of messages sent and received through the PEC Service, it being understood that civil and criminal liability for content sent via PEC rests solely with the Customer;
  5. of any kind suffered by any person as a result of improper use of the access password;
  6. of any nature or amount suffered by the Customer and/or third parties as a result of tampering or work performed on the Service or equipment by Customers and/or third parties not authorized by Vianova.
6. In any event, the Customer undertakes to indemnify and hold the Provider and Vianova harmless from any and all claims brought against them by third parties in connection with the damages described above.
7. Without prejudice to the foregoing, the Customer acknowledges and expressly accepts that, for any type of damage arising from use of the PEC Service, except in cases of willful misconduct or gross negligence, any liability of Vianova shall be limited to the amount, if any, paid or payable for the individual mailbox in accordance with the contractual agreements.
8. Any complaint by the Customer shall, on pain of forfeiture, be notified to Vianova within 15 (fifteen) days of the date of the event by certified email (PEC) to info@pec.vianova.it.
Traffic Data
1. The Customer acknowledges that, as required by the applicable PEC legislation, Article 11 of Presidential Decree 68/2005, message logs shall be retained by the Provider for at least 30 (thirty) months.
2. The Customer may therefore request a copy of such logs within that period, after which the possibility of obtaining a copy of such documentation shall no longer be guaranteed.
3. Any other logs generated and retained by the Provider shall be produced in accordance with applicable law and shall constitute full and incontrovertible evidence of the facts and actions carried out by the Customer.
Changes to Customer Information
1. Any change to personal or identification details shall be made by sending written notice to Vianova.
2. Otherwise, Vianova shall not be able to make the requested change.
3. To change the registered holder of a mailbox, the transferor and transferee shall send a specific declaration signed by both parties expressly authorizing Vianova to provide the new holder with the access credentials to the mailboxes and their contents.
4. Otherwise, Vianova shall not be able to make the requested change. The new holder of the PEC mailboxes shall submit the documentation required under the preceding point 5 according to the procedures specified therein.
5. The new mailbox holder shall change the password upon first access and hereby releases Vianova from any liability in the event of unlawful use of such credentials by unauthorized third parties.
6. In the event of the death of the holder of the PEC Domain and/or PEC mailbox, the heirs, upon providing Vianova with documentation proving their status and the additional documentation required under point 5, may request, within 60 (sixty) days of the death, disclosure of the password for access to the Service. In any case involving a change of the holder of a PEC mailbox, the transferee or successor in title shall assume the rights and obligations of the transferor.
Term and Withdrawal
1. The term of the PEC Service shall be equal to or shorter than the term of the Vianova Agreement subscribed to, of which the PEC mailbox constitutes an ancillary service.
2. The Customer may withdraw from the PEC Service by sending Vianova notice by certified email (PEC) to info@pec.vianova.it at least 30 (thirty) days in advance.
3. It is understood that, in the event of termination of the contractual relationship, PEC mailboxes activated under the pec.wmail.it domain shall no longer be provided for use by Vianova and shall be deactivated within 30 (thirty) days of termination of the Service, without Vianova bearing any responsibility for retaining or saving them.
4. The Customer shall therefore be responsible for saving the data on another storage medium or carrying out any other activity considered useful or necessary before the indicated expiration date.

Mail Service

Subject Matter of the Service
1. The subject matter of the Service is the provision by Vianova to the Customer of the Vianova Mail service (hereinafter the “Mail Service”), namely logical storage space associated with an email address in which received or sent email messages are stored and access to which is protected by a username and password.
2. The Customer accepts that, by its very nature, the Mail Service does not guarantee the reliability and certainty of receipt provided by dedicated PEC services. In particular, since it is a service provided over the Internet, there is no mechanism capable of providing any general guarantee regarding quality of service.
3. Throughout the term of the Service, the Customer shall be able to create one or more email accounts.
4. The Mail Service includes webmail for sending, viewing and/or receiving emails on a “best effort” basis (i.e. “as best as possible”).
5. Each email account is associated with an email address or one or more email aliases in the format identifier@domain-name.tld, in accordance with internationally recognized rules for defining email addresses and subject to the limitations of the Service. The domain name may be selected by the Customer from domains it owns or can demonstrate that it manages; where such domains are registered with third-party providers, the Customer shall be solely responsible for ensuring that the provider configures and maintains over time the features necessary for proper operation of the Service.
6. The technical and economic characteristics and the operating procedures for provision and use of the Mail Service by the Customer are described in the relevant section of the website www.vianova.it/servizi/posta-elettronica-professionale-mail/.
7. These Terms and Conditions govern the methods and terms under which Vianova provides the Customer with the Mail Service, in cooperation with Qboxmail Srl (hereinafter “Qboxmail”), a Vianova Group company, together with the documentation published on this page.
8. In the event of any conflict between the documentation prepared by Qboxmail and these Terms and Conditions, the latter shall prevail.
Access to the Service and Usage Policy
1. Upon activation of the Mail Service, Vianova provides the Customer with a pair of credentials for accessing its email accounts, consisting of a username and password, assigned to ensure the security and confidentiality of access, which the Customer shall change upon first use.
2. For each mailbox, the Customer may activate two-factor authentication via OTP (One-Time Password), limited to web access.
3. The Customer is solely responsible for safeguarding the credentials received; Vianova shall therefore be held harmless from any liability arising from the loss, theft or disclosure of such credentials to third parties.
4. For email accounts associated with domains used exclusively by the Customer, an email account management system (hereinafter the “Control Panel”) shall be available for the contractual term of the Mail Service, allowing the Customer to independently manage the Mail Service under its direct and sole responsibility.
5. Emails may be sent via webmail or an authenticated SMTP server only if the sender’s domain (the email “From” field) is the same as the username used for authentication or another email alias or domain belonging to the same Customer.
6. If the Customer uses the Mail Service in a manner that may impair its proper operation, including potentially for other customers, and/or gives rise to complaints from third parties, Vianova reserves the right to suspend or restrict use of the Mail Service at any time, without any compensation being payable to the Customer.
7. Any use of the Mail Service that Vianova considers, at its sole discretion, to be improper or unlawful shall result in the immediate blocking of the Customer’s account and the Service, even without prior notice. By way of example, the following are prohibited:
  1. sending bulk spam email from the Vianova network or sending spam through the networks of other service providers while advertising websites or using email addresses or any other resources provided by the Vianova network.
  2. subscribing email addresses to mailing lists without the express and verifiable consent of the owner of the email address. All mailing lists managed by Vianova Customers shall include a subscription confirmation mechanism (“Double Opt-in” or “Confirmed Opt-in”), and the confirmation message shall be retained for as long as the mailing list remains active.
  3. advertising, transmitting or otherwise making available any software, program, product or service that violates this policy or the policy of other providers.
  4. transmitting, distributing, publishing or soliciting participation in gambling-related initiatives or prize competitions requiring authorization from the ADM.
Email Account Migration
1. The Mail Service provides data import and migration features through the Control Panel.
2. Email accounts and aliases are imported from a CSV file in the format defined by Vianova and prepared by the Customer. Importing is possible when at least one domain is associated with the Customer.
3. Migration may only be used if the email accounts, still active on the source mail server, can be accessed using a protocol compatible with the Mail Service (destination server). The Customer shall be responsible for verifying the outcome of the migration and, where necessary, manually transferring or independently backing up any email messages that were not migrated.
4. Vianova accepts no liability for the outcome of the migration, which may vary depending on the settings and limitations of the source server.
Antispam and Antivirus
1. The Mail Service includes antispam and antivirus systems active on both incoming and outgoing emails in order to identify potentially dangerous messages containing attachments or other code whose execution could damage the user’s systems or result in the distribution of unwanted emails or information.
2. The Customer acknowledges that the algorithms used may fail to identify dangerous and/or unwanted emails, or may identify legitimate emails as dangerous and/or unwanted. The Customer shall therefore be responsible for adopting additional appropriate tools to protect against viruses and other cybersecurity threats.
3. The reference samples and algorithms used for antispam and antivirus systems are defined by Vianova and may be modified by Vianova in order to improve the Service and increase its security.
4. Using the tools made available by the Mail Service, the Customer may specify lists of email addresses as belonging to whitelists and blacklists. Messages received from email addresses included in the latter list shall not be processed by the antispam system, but only through DNSBL, SMTP rules and antivirus systems. Whitelists and blacklists operate by matching headers contained in received messages, in particular by analyzing the “Return-Path” and “To” headers.
5. The email folder named Spam contains emails identified by the Antispam system as suspicious. Emails in Spam may be read, deleted or moved to other folders of the email account under the Customer’s direct and sole responsibility, with the Customer acknowledging that doing so removes protection against viruses or potentially dangerous content.
Changes to the Terms of Service Provision
1. If Vianova amends these Terms and Conditions, such amendments shall be communicated to the Customer in writing and shall take effect 30 (thirty) days after the date of notification.
2. Within the same period, the Customer may exercise the right to withdraw from the Service by sending written notice by certified email (PEC) to info@pec.vianova.it.
3. If the Customer does not exercise the right of withdrawal within the time limits and according to the procedures indicated above, the changes shall be deemed definitively known and accepted by the Customer and shall take effect upon expiration of the aforementioned 30 (thirty)-day period.
Service Availability and Technical Support
1. The Mail Service shall normally be available 24 hours a day until its eventual termination, except for possible suspensions required for maintenance activities.
2. Routine and scheduled maintenance of servers and the network shall be notified to Customers 48 (forty-eight) hours in advance.
3. In the event of extraordinary failures and/or urgent maintenance required to resolve problems, Vianova undertakes to promptly notify the Customer.
4. Technical changes resulting from emergency maintenance shall be communicated to the Customer 24 (twenty-four) hours in advance.
5. Changes affecting the interface and/or functionality of the Control Panel shall be communicated to the Customer 48 (forty-eight) hours in advance.
6. Vianova reserves the right to modify the functions and name of the webmail service at any time, provided that the Customer is notified at least 30 (thirty) days in advance.
7. The Customer undertakes to submit technical support requests to Vianova through the Customer Service number or by sending a request to the email address info@vianova.it.
8. The technical support service is intended exclusively to resolve problems that prevent access to the Mail Service.
Data Storage and Backup
1. The Customer acknowledges and accepts that the Mail Service includes a data backup intended exclusively for Vianova’s internal use. Therefore, if the Customer requests data restoration, Vianova shall verify whether the data are available and, where possible, carry out the restoration and inform the Customer of the applicable fee for the activity.
2. Vianova accepts no liability in the event of total or partial loss or damage to data and/or information and/or content that it is unable to restore.
Maximum Email Account Capacity
1. A Customer who receives a notification that an individual email mailbox is approaching its maximum storage quota shall take the necessary action to free up space or increase the size of the email account.
2. All folders created through webmail and/or an email client using IMAP, including the Trash and Spam folders, contribute to the maximum storage capacity.
3. Vianova provides the Customer with a monitoring system through the IMAP protocol and/or other tools made available by the Service.
4. Vianova shall not be liable for failure to send or receive messages due to the maximum mailbox capacity being reached and/or for messages whose size exceeds the maximum permitted size.
Customer Obligations, Prohibitions and Liability
1. The Customer undertakes to:
  1. use the Mail Service at all times in a fair, diligent and good-faith manner;
  2. indemnify and in any event hold Vianova harmless from any liability concerning any activity carried out through the Mail Service;
  3. use the Mail Service only for purposes permitted by law and, by way of example only, shall be prohibited from sending, transmitting or sharing material:
    - that infringes or violates intellectual property rights, trade secrets, trademarks, patents or other statutory or customary rights;
    - whose content is contrary to public morality or public order and is intended to disturb public and/or private peace or cause offense or direct or indirect harm to any person;
    - containing child pornography, pornography or obscene material or otherwise contrary to public morality;
    - capable of violating or attempting to violate the confidentiality of private messages or intended to damage the integrity of third-party resources or cause direct or indirect harm to any person (pirated software, cracks, key generators, serial numbers, viruses, worms, Trojan horses or other harmful components);
    - intended for spamming or equivalent activities.
  4. ensure that the personal data provided for the full performance of the Mail Service are accurate, up to date and truthful and allow the Customer’s true identity to be established;
  5. indemnify and hold Vianova harmless from any liability arising from complaints, legal actions, administrative or judicial proceedings, losses or damages (including legal fees and expenses) resulting from unlawful use of the Services by the User.
2. Vianova reserves the right to suspend the Mail Service, giving notice to the Customer and, where applicable, to the competent Authorities, if, in its sole discretion or following a report by a third party:
  1. it considers, at its sole discretion, that the Customer is carrying out activities that violate the obligations set out in this Article;
  2. there are justified security or confidentiality concerns
3. In such case, following notification from Vianova, including by email, the Customer shall immediately remove the causes giving rise to the objection or provide appropriate documentation demonstrating that the activities carried out fully comply with applicable law.
4. If the Customer fails to respond immediately and the disputed activity is confirmed, Vianova shall have the right to terminate the Mail Service, without prejudice to Vianova’s right to seek full compensation for any damages suffered.
Limitations of Liability
1. The Customer:
  1. acknowledges and accepts that knowledge by third parties of the access details for its email account could allow unauthorized use of the Services registered to the Customer and access to its mailbox;
  2. therefore undertakes to keep and use such details with the utmost confidentiality and care and, in the event of loss or theft of the credentials, to immediately file a report with the competent Authorities and request their immediate disabling, including where the Customer believes that unauthorized third parties may have gained knowledge of them;
  3. shall be held liable for any damage caused to Vianova and/or third parties as a result of failure to comply with the foregoing.
2. Under no circumstances shall Vianova be held liable for direct or indirect damages:
  1. caused to any person, including the Customer, as a result of unauthorized publication by third parties of text uploaded to the network or distributed by Customers who hold email mailboxes;
  2. caused to users of the Mail Service as a result of improper use of the system or failure to comply with the rules and obligations described in these contractual terms and conditions and in the General Terms and Conditions relating to the services offered and prepared by Qboxmail;
  3. arising from force majeure, unforeseeable events or catastrophic events (including, by way of example and without limitation, fires, earthquakes, explosions, etc.);
  4. caused by the content of messages sent and received through the Mail Service, it being understood that civil and criminal liability for content sent via email rests solely with the Customer;
  5. of any kind suffered by any person as a result of improper use of the access password;
  6. of any nature or amount suffered by the Customer and/or third parties as a result of tampering or work performed on the Service or equipment by Customers and/or third parties not authorized by Vianova.
3. In any event, the Customer undertakes to indemnify and hold Vianova harmless from any and all claims brought against it by third parties in connection with the damages described above.
4. Without prejudice to the foregoing, the Customer acknowledges and expressly accepts that, for any type of damage arising from use of the Mail Service, except in cases of willful misconduct or gross negligence, any liability of Vianova shall be limited, as a maximum amount, to the Mail Service fee for each individual mailbox affected by the service disruption and any related upgrades, regardless of whether such mailboxes are included in the monthly fee, for a maximum period of one calendar month.
5. Any complaint by the Customer shall, on pain of forfeiture, be notified to Vianova within 15 (fifteen) days of the date of the event by certified email (PEC) to info@pec.vianova.it.
Term and Withdrawal
1. The term of the Mail Service may be equal to or shorter than that provided for in the subscribed Vianova Offer, of which this Service constitutes an included and ancillary service. The Customer may withdraw from the Mail Service by sending Vianova a notice of withdrawal by certified email (PEC) to info@pec.vianova.it at least 30 (thirty) days in advance.
2. In the event of cancellation, withdrawal or termination of the Agreement, the activated mailboxes shall no longer be made available for use by Vianova and shall be deactivated within 15 (fifteen) days of termination of the Mail Service, without Vianova bearing any responsibility for retaining or saving them.
3. The Customer shall therefore be responsible for saving the data on another storage medium or carrying out any other activity considered useful or necessary before the indicated expiration date.
Reference to Other Terms
1. For all matters not expressly governed herein, the general terms and conditions for the provision of Vianova services shall apply to the Mail Service.

Hosting Service

Subject Matter of the Service
1. The subject matter of the Service is the provision by Vianova to the Customer of the Vianova Hosting service (hereinafter the “Hosting Service”), namely the provision of web space for hosting websites on a Linux platform.
Terms of Service Provision
1. The technical and economic characteristics and the operating procedures for provision and use of the Hosting Service by the Customer are described in the relevant section of the website www.vianova.it/offerta-fisso/servizi/hosting/
2. The Hosting Service is provided on a shared platform and may be customized according to the terms indicated on this page. It is provided in cooperation with Host spa, a Vianova Group company.
3. The Hosting Service shall normally be available 24 hours a day until its eventual termination, except for possible suspensions required for maintenance activities; in the event of extraordinary maintenance (including, by way of example and without limitation, migration to new servers) that may result in the temporary unavailability of the Hosting Service, Vianova undertakes to promptly notify the Customer.
4. In the event of extraordinary failures, Vianova undertakes to promptly notify the Customer.
5. Vianova undertakes to ensure a level of professionalism appropriate to the performance of the requested activities, in accordance with best professional practice and, in any event, with the required level of diligence and for the time strictly necessary to provide the requested Hosting Service.
Service Activation
1. The Hosting Service shall be activated within the time required by the availability of hardware resources and, in any event, as quickly as possible.
Customer Obligations, Prohibitions and Liability
1. The Customer undertakes to:
  1. use the Hosting Service only for purposes permitted by law and, by way of example and without limitation, shall be prohibited from:
    - publishing material that infringes intellectual property rights, trade secrets, trademarks, patents or other statutory or customary rights;
    - publishing material whose content is contrary to public morality or public order and is intended to disturb public or private peace or cause offense or direct or indirect harm to any person;
    - publishing material containing child pornography;
    - publishing terrorist content;
    - publishing material capable of violating or attempting to violate the confidentiality of private messages or intended to damage the integrity of third-party resources or cause direct or indirect harm to any person (unlicensed software, cracks, key generators, serial numbers, viruses, worms, Trojan horses or other harmful components);
    - publishing material intended for spamming or equivalent activities.
  2. ensure that the personal data provided for the full performance of the Hosting Service are accurate, up to date and truthful and allow the Customer’s true identity to be established;
  3. indemnify and hold Vianova harmless from any liability arising from complaints, legal actions, administrative or judicial proceedings, losses or damages (including legal fees) resulting from unlawful use of the Hosting Service by the Customer;
  4. comply with any technical instructions provided by Vianova regarding the correct use of the Hosting Service offered (including, by way of example and without limitation, use of web space to back up content from remote computers or as a general file storage system);
  5. acknowledge that it is solely and exclusively responsible for activities carried out through the Hosting Service or directly or indirectly attributable to it and, in particular, that it is responsible for content published, disseminated and transmitted through the Hosting Service.
2. Vianova reserves the right to suspend the Hosting Service, giving notice to the Customer, if, in its sole discretion or following a report by a third party:
  1. it considers that the Customer is carrying out activities that violate the obligations set out in this Article;
  2. there are justified security or confidentiality concerns.
3. In such case, following notification from Vianova, including by email, the Customer shall immediately remove the causes giving rise to the objection or provide appropriate documentation demonstrating that its activities fully comply with applicable law.
4. If the Customer fails to respond immediately, Vianova shall have the right to terminate the Hosting Service, without prejudice to Vianova’s right to seek full compensation for any damages suffered.
5. In any event, the Customer acknowledges and accepts that, in the event of a failure and/or malfunction that poses a risk to the network and/or to persons, Vianova reserves the right to immediately disconnect the servers and promptly notify the Customer.
6. Vianova shall not be required to pay the Customer any compensation for the interruptions and/or disconnections referred to in the preceding paragraphs.
7. It is expressly understood that Vianova is not subject to any general monitoring obligation and therefore does not control or monitor the conduct or actions of the Customer through the Hosting Service, nor does it control or monitor the information and/or data and/or content processed in any manner by the Customer or its appointed persons and/or collaborators through the Hosting Service; in any event, Vianova is and shall remain entirely unrelated to the activities carried out independently by the Customer through remote Internet access using the Hosting Service access credentials.
8. Under no circumstances shall Vianova assume any responsibility for information, data or content entered, transmitted or otherwise processed by the Customer through the Hosting Service, or in general for the Customer’s use of the Hosting Service, and Vianova reserves the right to take any initiative or action necessary to protect its rights and interests, including disclosing to the parties involved any data useful for identifying the Customer.
Prohibition on Subletting
1. The Customer undertakes, under its own responsibility, not to transfer the Hosting Service to third parties for any reason and to respect, and ensure that third parties respect, Vianova’s rights in relation to the Hosting Service.
Software
1. The Customer shall be responsible for any damage caused to itself, Vianova or other Customers as a result of improper installation of software, installation of unlicensed or harmful software, or the execution or development of harmful software.
2. Vianova reserves the right to suspend the Customer’s Hosting Service at any time and without prior notice if software installed by the Customer causes damage, reduces the level of security or is used for unlawful activities.
3. The Customer shall use the Hosting Service in compliance with Vianova’s intellectual and/or industrial property rights. The software, as well as any copyright or other intellectual property right, is the exclusive property of Vianova and/or its licensors; accordingly, the Customer acquires no rights or title in relation thereto and may use such software only for the duration of the contractual relationship.
4. Where licenses are supplied by third-party providers through Vianova, the Customer acknowledges having reviewed the applicable terms and undertakes to use the software in accordance with the procedures indicated on the relevant websites and exclusively for its own use. The Customer undertakes to accept and comply with the terms of such licenses. The Customer acknowledges that the licenses are entered into between the Customer and the relevant copyright holder, with Vianova assuming no liability whatsoever.
Limitations of Liability
1. The Customer acknowledges and accepts that knowledge of its access codes by third parties could allow such third parties to make unauthorized use of the Hosting Service registered to the Customer and to access its programs and data.
2. The Customer therefore undertakes to keep and use such codes with the utmost confidentiality and care.
3. The Customer shall be held liable for any damage caused to Vianova or third parties as a result of failure to comply with the foregoing.
4. The Customer also undertakes to promptly notify Vianova in writing of any theft, misplacement or loss of access credentials.
5. The Hosting Service provides an automatic daily backup of data for the previous 10 days, a weekly backup for the previous 4 weeks and a monthly backup for the previous 3 months. This reduces the risk of data loss and makes it easier for the Customer to have a copy of such data available, but does not exclude the possibility that such backup copy may not be available when the Customer wishes to use it. Accordingly, Vianova accepts no liability in the event of total or partial loss or damage to data and/or information and/or content resulting from failure of the backup system. Any refund, compensation or liability for data loss, downtime and/or inability to use the services offered to the Customer is therefore expressly excluded.
6. Under no circumstances shall Vianova be held liable for direct or indirect damages caused to users of the Hosting Service as a result of improper use thereof or failure to comply with the rules and obligations described in these contractual terms and conditions, or for events beyond its reasonable control and not directly attributable to Vianova, including, by way of example: force majeure events; events attributable to third parties, including, by way of example, interruptions or malfunctions of telecommunications operators’ services or power lines; malfunctions of terminals or other communication systems used by the Customer.
7. Vianova shall also be exempt from any liability in the event of destruction, loss, theft, damage or deterioration, even partial, of the hardware, software and/or data contained therein for any reason not resulting from Vianova’s gross negligence.
8. In any event, the Customer undertakes to indemnify and hold Vianova harmless from any and all claims brought against it by third parties in connection with the damages described above.
9. Vianova may also, upon adequate prior notice, at its discretion and for scheduled activities, modify or revise the functionalities or characteristics of the Hosting Service for technical reasons, while in all cases ensuring adequate functionality.
Information Security
1. The Customer, acknowledging that Vianova has obtained ISO 27001 certification and adopted other means and/or tools considered appropriate to protect information security as effectively as possible (physical, logical, IT and organizational security), hereby undertakes not to disclose or otherwise make available to third parties any confidential information learned or managed in connection with the performance and/or application of the Agreement without Vianova’s specific written consent.
Term and Withdrawal
1. The term of the Hosting Service shall be equal to or shorter than the term of the subscribed Vianova Agreement, of which the Hosting Service constitutes an ancillary service.
2. The Customer may withdraw from the Hosting Service by sending Vianova notice by certified email (PEC) to info@pec.vianova.it at least 30 (thirty) days in advance. Vianova shall suspend the Hosting Service for 30 (thirty) days and permanently deactivate it after a further 30 (thirty) days.
3. In the event of termination of the Agreement with Vianova, the Hosting Service shall be deactivated at the same time as the Agreement is terminated.
4. In specific and exceptional circumstances, Vianova reserves the right to review the time periods indicated above.
5. It is understood that deactivation of the Hosting Service shall result, in addition to disabling the related functions, in the removal of all data and files entered by the Customer and stored on Vianova’s servers, without Vianova bearing any responsibility for retaining or saving them.
6. The Customer shall therefore be responsible for saving the data on another storage medium or carrying out any other activity considered useful or necessary before the indicated expiration date.
7. In any event, Vianova shall retain a backup of the data and files for 90 (ninety) days following deactivation of the Hosting Service, available upon the Customer’s specific and reasoned request.
8. Any refund by Vianova to the Customer for the period during which the Customer did not use the Hosting Service is expressly excluded.

Domain Service

Subject Matter of the Service
1. The subject matter of the Service is the provision by Vianova of registration, transfer and maintenance activities for Internet domains requested by the Customer, hereinafter the “Domain Service”.
Terms of Service Provision
1. The technical and economic characteristics of the Domain Service are described in the Offer.
2. The rules and requirements for assigning top-level domains (“TLDs”) are established by the competent authorities. By way of example, Italian domains (e.g. company.it) are subject to the terms and conditions of Registro.it, available on this website.
3. Vianova acts as an intermediary between the Customer and the TLD assignment authority and has no influence over the assignment of domains.
Service Activation
1. Vianova shall register domain names in chronological order according to the requests received, provided that such requests are accompanied by confirmation of payment of the agreed fee for domains in addition to the first domain, where the first domain is already included in the subscribed Vianova Offer.
2. It is understood that:
  1. successful completion of the registration request is subject to acceptance by the Registration Authority responsible for the selected extension;
  2. domain names that appear to be free and/or available at the time of ordering may in fact be unavailable because, including by way of example and without limitation, they are already being registered by third parties even though they have not yet been entered in the databases of the competent Registration Authority.
Documentation
1. The Domain Service may be activated upon receipt of the “Domain” form signed by the Customer, with the characteristics specified therein.
Customer Obligations, Prohibitions and Liability
1. The Customer undertakes to:
  1. ensure that the personal data provided for performance of the Domain Service are accurate, up to date and truthful;
  2. immediately notify Vianova of any changes to the data provided;
  3. review the rules and requirements established by the TLD assignment authority. This applies in particular to authorizations, licenses, other permits or clearances from public control or supervisory authorities and similar bodies.
2. In the event of failure to comply with the foregoing, Vianova reserves the right to suspend the Domain Service.
3. In such case, following notification from Vianova, the Customer shall immediately remove the causes giving rise to the objection or provide appropriate documentation demonstrating full compliance with applicable law.
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 nature or kind suffered or that may be suffered as a result of or in connection with the transfer itself, including, by way of example only, total or partial loss of or damage to data and/or information and/or content entered and/or processed by the Customer through the Domain Service, total or partial interruption of the Hosting Service, or damages resulting from the loss of visibility of content previously available under the domain name.
2. If the domain name registered and/or maintained with the competent Registration Authority through the Hosting Service provided by Vianova is transferred to another provider before expiration of the Agreement, Vianova shall no longer be responsible for management of the domain once the transfer procedure has been completed.
Term and Withdrawal
1. The Domain Service shall have a term of one year and shall automatically renew for an equal period upon expiration.
2. The Customer may withdraw from the Domain Service by sending Vianova notice by certified email (PEC) to info@pec.vianova.it at least 30 (thirty) days in advance.
3. In the event of withdrawal from the Domain Service or the Vianova Agreement, and in the absence of a transfer request, the domain shall cease:
  1. for domains with the .it extension, in accordance with the terms established by Registro.it, available on this website;
  2. for all other TLDs (e.g. .com, .eu, .biz, .cloud), one year after the most recent renewal, unless the Customer requests immediate termination.
4. If a domain name transfer is requested before expiration of the Agreement, the Domain Service shall be deemed terminated upon completion of the transfer procedure where such procedure is completed before the expiration date; otherwise, it shall terminate on the originally agreed date.
5. Any refund by Vianova to the Customer for the period during which the Customer did not use the Domain Service is expressly excluded.
Privacy
1. The Customer may choose to make the domain holder’s data publicly available through a Whois query by indicating this choice in the relevant section of the “Domain” form.
2. Following a request to conceal such data, certain information defined as mandatory by the TLD assignment authority shall nevertheless remain visible through a Whois query.

Colocation Service

Subject Matter of the Service
1. The subject matter of the Agreement is the provision by Vianova to the Customer of the Colocation Service, namely technologically equipped spaces in cabinets located in Vianova’s Data Centers, together with connectivity, power supply and cooling services, allowing the Customer to install its own equipment.
2. The Customer may also install any additional equipment provided by Vianova on a free-of-charge loan basis.
3. Equipment owned by the Customer and equipment provided by Vianova on a free-of-charge loan basis are insured by Vianova against theft, fire and other property damage in accordance with the terms and within the limits of the applicable insurance policy.
Activation and Invoicing
1. Activation of the Service means the preparation of dedicated cabinets for installation of the Customer’s equipment.
2. The Service shall be activated within 30 (thirty) calendar days of conclusion of the Agreement.
3. It is understood that the Customer shall, at its own expense, install in the Data Center any servers and/or equipment owned by it or rented from third parties inside the cabinets reserved for the Customer.
4. Once preparation of the cabinets has been completed, Vianova shall notify the Customer of the first available date for installation of the equipment and may invoice the Service from the installation date or, in any event, once 15 (fifteen) days have elapsed from the first available date communicated to the Customer.
Customer Obligations, Prohibitions and Liability
1. The Customer undertakes to:
  1. use the Service only for purposes permitted by law;
  2. ensure that the personal data provided for the full performance of the Service are accurate, up to date and truthful and allow the Customer’s true identity to be established;
  3. ensure that all software independently installed and used on its servers or equipment is properly licensed and bear the related costs;
  4. comply with the technical instructions provided by Vianova regarding use of the hardware and software so that the Service is used correctly and appropriately;
  5. comply with the technical, environmental and safety conditions set out in the “Data Center Access Regulations”, which shall be considered an integral and substantial part of the Agreement and shall be provided upon first access to the Data Center;
  6. remove equipment, packaging and any other residual materials from the Data Center upon completion of installation activities;
  7. use equipment that is free from defects, CE certified, rear-ventilated and suitable for installation in cabinets with 19-inch rack units;
  8. use dual-power-supply equipment in order to benefit from the power redundancy of the Service or, alternatively, use ATS equipment supplied by Vianova on a free-of-charge loan basis;
  9. indemnify and hold Vianova harmless from any liability arising from complaints, legal actions, administrative or judicial proceedings, losses or damages (including legal fees) resulting from unlawful or non-compliant use of the Service;
  10. indemnify and hold Vianova harmless from any and all third-party claims arising from damage caused by the Customer or by equipment managed by the Customer while accessing the Data Center;
  11. preserve and safeguard, with due care, all equipment and accessories held on a free-of-charge loan basis throughout the term of the Agreement and, in any event, until such equipment and accessories are returned;
  12. not tamper with and/or perform any work, either directly or through personnel not expressly authorized by Vianova, on equipment held on a free-of-charge loan basis;
  13. compensate Vianova for any damage caused to Vianova’s equipment or third-party equipment;
  14. acknowledge that it is solely and exclusively responsible for activities carried out through the Service or directly or indirectly attributable to it.
2. Throughout the term of the Agreement, Vianova does not control or monitor the conduct or actions of the Customer through equipment hosted in its Data Centers, nor does it control or monitor the information, data or content entered by the Customer or its appointed persons or collaborators; in any event, Vianova is and shall remain entirely unrelated to activities independently carried out by the Customer.
Term, Withdrawal and Return of Equipment
1. The term of the Service shall not be less than 12 (twelve) months from activation of the Service.
2. On the expiration date, unless either Party provides the other with formal notice of cancellation by registered letter with return receipt or certified email (PEC) at least 30 (thirty) days before the expiration date, the Agreement shall be deemed automatically renewed for an equivalent period.
3. In the event of termination of the contractual relationship with Vianova or cancellation of the Service, in addition to deactivation of the Service functions, the Customer shall be responsible for saving any data on another storage medium before the agreed expiration date.
4. In any event, it is understood that no later than 30 (thirty) days from the termination date of the Agreement, the Customer shall, upon at least 48 (forty-eight) hours’ prior notice, personally collect its equipment installed at Vianova’s Data Centers and make available any equipment provided on a free-of-charge loan basis.
5. The Customer acknowledges and accepts that, if such period expires without its equipment having been collected, the equipment shall be deemed permanently abandoned, with all consequences provided by law.
6. Vianova shall have the right to dispose of such equipment or adopt any other solution it considers most appropriate.
Technical Support
1. The technical support service covered by this Agreement includes exclusively the following services:
  1. technical instructions provided by a NOC Specialist during equipment installation;
  2. telephone help desk service;
  3. technical intervention limited to equipment owned by Vianova and used to provide power supply, connectivity and cooling services, or equipment supplied to the Customer on a free-of-charge loan basis, which shall be performed within the following maximum time limits:
    - in the event of a service-blocking failure, within 8 (eight) business hours following the report, unless otherwise agreed with the Customer;
    - in the event of a non-service-blocking failure, within 24 (twenty-four) business hours following the report, unless otherwise agreed with the Customer.
  4. tests and checks necessary to restore operation of the power supply, connectivity and cooling services and of any equipment supplied to the Customer on a free-of-charge loan basis.
2. All services not expressly listed above are excluded from the technical support service included in the monthly Service fee.
3. The Customer undertakes to submit technical support requests to Vianova through the Customer Service number or by sending a request to the email address info@vianova.it, it being understood that failure to pay the monthly fees shall result in suspension of the Service and the consequent interruption of connectivity and power supply services for the dedicated cabinets concerned.
4. Throughout the term of the Agreement, Vianova shall provide the Customer with plant maintenance and technical support from its personnel 365 days a year, 24 hours a day, limited to connectivity, power supply and cooling of equipment owned by the Customer or rented by the Customer from third parties, as well as any equipment provided by Vianova on a free-of-charge loan basis.
5. Under no circumstances shall Vianova perform work on equipment owned by the Customer or rented by the Customer, except where such work is necessary to prevent or limit damage to infrastructure owned by Vianova or third parties.
6. In the event of repairs, work or tampering with equipment provided on a free-of-charge loan basis by persons other than Vianova technicians, Vianova shall be released from any liability and support obligation.
7. Costs incurred by Vianova as a result of interventions caused by the following circumstances are excluded from this Agreement and shall therefore be duly invoiced:
  1. improper use of equipment provided on a free-of-charge loan basis;
  2. failure to comply with technical, environmental and safety regulations.
Data Center Access and Remote Interventions
1. The Service allows the Customer to access Vianova’s Data Center or request a remote intervention, in accordance with the following conditions:
  1. the Customer is entitled to unlimited access to the Data Center, subject to booking at least 2 (two) hours in advance, Monday through Friday from 8:00 a.m. to 7:00 p.m., in compliance with the conditions set out in the “Data Center Access Regulations”;
  2. for this purpose, Vianova shall provide the individual appointed by the Customer and notified in advance to Vianova with a dedicated badge for opening the Customer’s cabinets;
  3. upon the Customer’s specific request, Vianova may use its technicians to perform equipment resets or reboots and any other “visual monitoring” activity within 2 (two) hours of the request, Monday through Friday from 8:00 a.m. to 7:00 p.m.;
  4. all access to the Data Center and interventions carried out by Vianova technicians outside the hours indicated above shall be separately invoiced.
Privacy and Confidentiality
1. Once access to the Service has been granted, the Customer shall be the sole Data Controller, pursuant to Legislative Decree 196/03, as subsequently amended, and Regulation (EU) 679/2016, with respect to any personal data entered into the equipment throughout the term of the Agreement.
2. Vianova shall have no access to, nor shall it process in any way, the data stored on servers and equipment available to the Customer.
3. The Parties mutually undertake not to disclose or otherwise make available to third parties any data or information learned or managed in connection with activities performed for provision of the Service (including, by way of example and without limitation, any information, data, knowledge, invention, patented or patentable matter, know-how and, in general, any information, drawing, document, magnetic medium, sample or material produced of a technical, economic, commercial or administrative nature that is not already in the public domain) without specific written consent.
4. Disclosure of such confidential information shall constitute a material breach of this Agreement and shall entitle the injured Party to terminate the Agreement and obtain compensation for the resulting damages.
Reference to Other Terms
1. For all matters not expressly governed herein, the general terms and conditions for the provision of Vianova services shall apply to the Colocation Service.

Mobile Network Services

Definitions
1. The following terms, whether used in the singular or plural, shall have the following meanings:
  - Subscription: contractual arrangement providing for postpaid payment of Vianova Mobile services and application of the Government Concession Tax (TCG).
  - Customer Area: dedicated area in which the Customer may manage services and usage thresholds relating to its SIM Cards through SIM Manager
  - Device: a mobile phone/smartphone, whether or not equipped with Near Field Communication (NFC) technology, a PC Card/Internet key or laptop computer intended for mobile use, approved for connection to the Network and which, when associated with the SIM Card, allows the Customer to use the Vianova Mobile service. The Device need not be owned by the Customer.
  - SIM Card (or SIM): microprocessor card, including eSIMs, issued to the holder of the Agreement and identified by a serial number that enables access to Vianova Mobile services.
  - Customer: the natural or legal person, whether public or private, that requests activation of Vianova Mobile for itself and/or for the End User in order to meet communication requirements arising in connection with its business, professional or institutional activities.• PIN Code (Personal Identity Number): personal code associated with the Customer’s SIM Card that provides access to all functions enabled on the card.
  - PUK Code (Personal Unblocking Key): non-modifiable code used to unlock the SIM Card following three consecutive incorrect entries of the PIN Code.
  - Available Credit: the credit available to the Customer for purchasing Vianova Mobile services; this amount is shared and may be used by all active SIM Cards.
  - Remaining Credit: the amount paid but not used by the Customer that remains upon termination of the Agreement, net of any amount charged for the Remaining Credit Transfer service.
  - IMEI Code (International Mobile Equipment Identity): 15-digit serial code required to uniquely identify and register the Device on the Network.
  - Vianova Offer: the document setting out the technical characteristics of Vianova Mobile and the related terms and conditions of provision, including the economic conditions.
  - Mobile Number Portability (MNP): the service that enables the telephone number used with the previous operator to be transferred to the Vianova SIM Card.
  - Network: the mobile telecommunications network through which the Vianova Mobile service is provided.
  - Top-Up: provision of credit to the Customer, invoiced on a monthly basis.
  - Automatic Top-Up: Top-Up option under which, once the set threshold is reached, the amount of credit specified by the Customer is provided for the purchase of usage-based services. Where bundled plans are activated, Automatic Top-Up provides for a monthly charge equal to the value of the bundles purchased by the Customer.
  - Prepaid: contractual arrangement under which Vianova Mobile services are purchased through Top-Up.
  - International Roaming: enabling the Customer to use Vianova Mobile services outside Italy through the networks of foreign operators.
  - SIM Manager: the name of the application that allows the Customer and its authorized representatives to manage SIM Cards in the relevant section of the Customer Area.
  - Government Concession Tax (TCG): the government concession tax applicable to the public terrestrial mobile communication service provided on a Subscription basis pursuant to Article 21 of the Tariff attached to Presidential Decree No. 641 of October 26, 1972.
  - Traffic: voice and data communications transmitted over the Network and made using the SIM Card, as well as communications received by the Customer where charges to the receiving party apply.
  - Agreed Use: use of Vianova Mobile in accordance with the provisions specified in Article 15 of this Agreement.
  - End User: the natural person connected to the Customer through an employment, professional collaboration and/or commercial relationship who uses Vianova Mobile as requested by the Customer.
  - Vianova Mobile: the digital mobile and personal communications service described in the Vianova Offer.
Contract Proposal
1. Activation of Vianova Mobile and the subsequent shipment of the SIM Card(s) are subject to the signing of the Agreement. Even in the absence of express acceptance by Vianova, the Agreement shall be deemed concluded upon activation of Vianova Mobile.
2. Vianova reserves the right to refuse activation of Vianova Mobile if the information entered by the applicant does not correspond to the required documents or to the information available from the Chambers of Commerce.
Documentation and Attachments
1. The Customer, if a natural person, and the legal representatives of legal entities shall provide documentation proving their identity and shall be responsible for the truthfulness, completeness and consistency of the documentation and information provided.
2. The Customer also undertakes to promptly notify Vianova in writing of any change to the information provided when entering into the Agreement and, in particular, any change relating to the legal representative, residence and/or domicile and/or registered office and/or other premises.
Fees
1. The Customer shall pay Vianova the amounts applicable to the selected commercial plan. Payments shall be made by credit card solely for purchases made through the e-Commerce platform, or by electronic collection service with direct debit from the bank account (SEPA Direct Debit – SDD) in all other cases.
2. The initial activation fee for each SIM Card shall be charged on the first invoice.
3. In the event of payment by credit card:
  1. in order to activate Vianova Mobile, the Customer shall be redirected to the “Nexi XPay” payment platform, managed by Nexi Payments S.p.A. (Tax Code/VAT No. 04107060966), with registered office at Corso Sempione, 55 – 20149 Milan. The Nexi XPay platform directly manages the data entered on its website in order to make the payment. Vianova does not collect any data relating to the credit card used or the access codes for the Nexi XPay payment method;
  2. the credit card shall be issued in the Customer’s name;
  3. by signing the Agreement, the Customer authorizes Vianova to submit recurring charge instructions to the credit card issuer (hereinafter the “Issuer”) relating to the costs of purchasing the SIM Card, Top-Ups, Automatic Top-Ups and any expenses relating to the Vianova Mobile service;
  4. The Customer acknowledges that, upon receipt of the recurring charge instructions sent by Vianova, the Issuer shall charge the relevant amounts to the credit card provided that, at the time of the charge, the credit card has sufficient available funds to cover the full amount and has not been invalidated by the Issuer. Otherwise, payment of the relevant invoices, even where they already bear the wording “Payment by credit card”, shall be deemed automatically revoked with immediate effect, and the Issuer shall consequently be released from any and all liability relating to non-payment. In such case, payment shall be made directly to Vianova by the Customer;
  5. The Customer also undertakes to update in its Customer Area any changes affecting its relationship with the credit card issuer (including, by way of example and without limitation, renewal or change of expiration date, loss, replacement of the credit card, termination of the relationship with the Issuer, etc.);
  6. The Customer hereby authorizes Vianova to charge any new credit card received as a replacement for the card indicated in the Agreement.
Top-Up and Use of Available Credit
1. The Customer expressly requests that the Prepaid Offer be activated with Automatic Top-Up.
2. Upon activation of Vianova Mobile, an amount shall be credited to the Customer for each SIM Card, in addition to the Top-Up required to purchase any selected services.
3. The amount credited shall contribute to the Available Credit, which may be used by all SIM Cards, subject to any thresholds that may have been set.
4. In particular, through SIM Manager, the Customer may monitor and manage the amount of Traffic generated by each SIM Card and independently set spending thresholds for each SIM Card using the relevant function in the Customer Area.
5. If the Available Credit falls below the minimum threshold set, the Customer expressly agrees to Automatic Top-Ups in the amount indicated in the Customer Area.
6. The Customer shall be notified when the Top-Up has been completed.
7. Automatic Top-Up shall be suspended in the event of non-payment of invoices or, for payments by credit card, if the charge is declined for any reason.
8. Vianova Mobile cannot be used if no Available Credit is available.
Billing
1. Vianova Mobile shall be billed monthly and invoices shall be made available in the Customer Area.
2. The TCG, applicable only to the Subscription plan, shall be invoiced in advance.
3. Invoices available in the Customer Area are courtesy copies and do not replace those transmitted through the Italian Revenue Agency’s Exchange System (SDI), as required by applicable electronic invoicing legislation.
EU and Non-EU International Roaming
1. The Customer may use the Services (voice, data, SMS) while roaming in European Union (EU) Member States and in Iceland, Liechtenstein, Switzerland, the United Kingdom, the Principality of Monaco, Albania, Moldova and Ukraine (EU International Roaming), under the terms of its domestic plan when traveling occasionally (Roaming-Like-At-Home, “RLAH”). Such use is subject to the limitations set out below and to compliance with fair-use policies and the requirement of a stable link with Italy (to be demonstrated upon Vianova’s request, if applicable), pursuant to European Regulation 2016/2286 and the parameters established to prevent abuse and abnormal use.
2. In order to benefit from the above, the Customer shall meet at least one of the following requirements:
  1. be habitually resident in Italy;
  2. have stable links with Italy involving a frequent and substantial presence within Italian territory.
3. In addition, in order to benefit from RLAH, none of the following circumstances shall occur:
  1. simultaneous or sequential roaming use of multiple SIM Cards held by the Customer;
  2. a long period of inactivity of the SIM Card combined with periods of predominant or exclusive roaming use within the EU over a period of 4 (four) months;
  3. roaming consumption within the EU exceeding domestic consumption, or predominant presence in other European Union Member States, over a period of 4 (four) months.
4. If Vianova identifies any of the conduct referred to in points a), b) or c), the applicable EU roaming rates shall apply (available on the website www.vianova.it in the section dedicated to mobile plans).
5. In the absence of the conduct referred to in points a), b) or c), exceeding the maximum traffic thresholds available for use in the EU shall nevertheless result in application of the economic conditions published on this page and defined in accordance with European regulations.
6. Subject to authorization by AGCOM and in accordance with Article 6-quater, paragraph 2, of Regulation (EU) No. 622/2022, Vianova reserves the right to apply a surcharge to roaming services in European Union countries. The complete terms and conditions are published on this page dedicated to mobile plans.
Thresholds and Alerts
1. In order to ensure adequate control of data traffic costs when using International Roaming, the Customer shall set a maximum spending threshold for each SIM Card through its Customer Area when enabling the International Roaming service.
2. Vianova shall notify the Customer when International Roaming data usage reaches 80% of the set threshold.
3. The Customer may request, free of charge, that such notifications be discontinued or reactivated.
PIN and PUK Codes
1. Upon delivery of the SIM Cards, the Customer shall be confidentially provided with the PIN and PUK Codes associated with the relevant SIM Cards.
2. The Customer shall be responsible for safeguarding and managing everything delivered and communicated to it.
SIM Card Use and Restrictions
1. The Customer shall use the SIM Card solely through Devices, lawfully and without abuse, in compliance with applicable laws and exclusively within the scope of its professional or business activities in order to meet its own communication requirements and those of End Users.
2. The SIM Card may not be used to make temporary or consecutive calls, or calls at regular intervals, to the same recipients or to numbers with automated answering systems that generate an abnormal number of SMS messages, or to make short calls within a limited period of time and/or calls that do not have the characteristics of normal person-to-person conversations/messages (p2p), or within devices not intended for communications between individual natural persons and capable of re-originating and terminating calls (e.g. call center equipment).
3. The Customer may not resell Traffic to third parties.
4. In such cases, without prejudice to the right to terminate the Agreement, Vianova reserves the right to immediately suspend the Vianova Mobile service without prior notice pursuant to Article 20 below if the Customer engages in, or permits, the improper use described in this Article.
Obligations and Responsibilities Relating to SIM Card Use
1. The Customer undertakes to use the SIM Card with due care and diligence in order to preserve its integrity and ensure its proper operation.
2. The Customer shall inform End Users of the provisions of this Article and ensure compliance therewith; in any event, the Customer shall indemnify and hold Vianova harmless from any unlawful use of the SIM Card by the Customer or End Users.
Repair, Replacement and Exchange of the SIM Card
1. If the SIM Card delivered to the Customer is defective, Vianova shall repair or replace it under warranty for defects occurring within 12 (twelve) months of delivery, unless the defect is due to lack of skill, negligence or lack of care on the part of the Customer.
2. Without prejudice to the warranty referred to in the preceding paragraph, whenever replacement of the SIM Card is necessary or is requested by the Customer or End User, Vianova shall replace it upon payment of the fee specified in the Vianova Offer.
SIM Card Management and SIM Manager
1. By using SIM Manager, the Customer may manage each SIM Card through the Customer Area, setting a maximum spending limit for each SIM Card, enabling certain services (e.g. International Roaming), or enabling/disabling Vianova Mobile services.
Use of the Device
1. The Customer undertakes to:
  1. use the SIM Card only in Devices that comply with applicable legislation and bear the CE marking;
  2. follow the Device manufacturer’s instructions for use;
  3. not use the Device, or allow it to be used, for communications that cause harassment, violate applicable laws or are intended for unlawful, abusive or fraudulent purposes;
  4. use the SIM Card in accordance with these General Terms and Conditions of Supply and the Vianova Offer.
2. The Customer shall inform End Users of the provisions of this Article, ensure compliance therewith and indemnify and hold Vianova harmless from any unlawful use of the Device by the Customer or End Users.
Usage Restrictions and Customer Liability
1. Without prejudice to the restrictions set out above, the Customer shall not use Vianova Mobile for unauthorized or unlawful purposes or in unauthorized or unlawful ways, or in a manner constituting abuse of the commercial offer described in the Vianova Offer, and shall inform End Users of the provisions contained in this Article and ensure compliance therewith.
2. The Customer shall indemnify and hold Vianova harmless from any use of the Vianova Mobile service by the Customer or End Users that does not comply with the agreed terms.
3. From the time the Service is activated, all communications made through the lines assigned to the Customer shall be presumed to have been made by the Customer or with its consent.
4. The Customer shall refrain from any acts or actions that may endanger or damage operation of the Network and shall not use Vianova Mobile in a manner that causes disruption to other customers.
Guarantee of Access to the Data Service and Network Integrity
1. In order to guarantee all Customers access to the data connectivity service and preserve the integrity of the Network, including during peak traffic periods, Vianova, in compliance with the principle of equal treatment, reserves the right, where necessary, to introduce temporary and non-discriminatory mechanisms limiting the use of available network resources where such use becomes incompatible with the general right of Customers to access Internet connectivity services.
2. For this purpose, Vianova may limit Internet connection speed (so-called traffic shaping), giving priority to measures affecting mobile applications that consume the greatest amount of bandwidth (e.g. peer-to-peer, file sharing, etc.) or that exceed a certain amount of data (MegaBytes/hour) exchanged.
Theft and Loss
1. In the event of loss or theft of a SIM Card, the Customer shall immediately report it using the relevant function in the Customer Area or by sending Vianova notice by email, certified email (PEC) or fax.
2. SIM Cards that have been lost or stolen may be disabled through the Customer Area.
3. It is understood that, until the theft or loss is reported or the SIM Card is deactivated, the Customer shall remain solely liable for Traffic generated by any lost or stolen SIM Card.
4. Alternatively, following specific notification, Vianova shall block the SIM Cards concerned or, where technically possible, disable operation of the Device based on its IMEI Code.
5. The Customer shall pay a fee for delivery of the new SIM Card.
Mobile Number Portability (MNP) and Remaining Credit Transfer (TCR)
1. The Customer may retain the telephone number assigned by another mobile operator by requesting that Vianova activate the Mobile Number Portability (MNP) service, which shall be provided free of charge subject to verification of its technical feasibility.
2. MNP is governed by Article 80 of Legislative Decree No. 259 of August 1, 2003, as subsequently amended and supplemented, by the applicable regulations, and by the MNP General Terms and Conditions set out below.
3. At the same time as requesting MNP, the Customer may also request TCR from the previous operator, namely transfer of the amount topped up but not used.
Termination of One or More SIM Cards and Number Portability
1. If the Customer requests termination of all Prepaid SIM Cards or requests MNP of all numbers to another operator, Vianova shall refund the Remaining Credit available when the last SIM Card is deactivated.
2. In such case, the Agreement shall cease to have effect from the date on which the last line is terminated, and the following provision concerning Customer Withdrawal shall apply.
3. Once the 12 (twelve)-month period specified in Article 20, paragraph 2 below has elapsed, the SIM Card and its associated number shall be deactivated. The number shall remain available to the Customer for possible reactivation of the Service using the same number for up to 24 (twenty-four) months from the last Top-Up or from the start of the period of non-use, after which it may no longer be reactivated and Vianova may reassign the number to another Customer, subject to the holding period required under applicable law.
Suspension of the Vianova Mobile Service
1. Vianova reserves the right to suspend the Vianova Mobile service, subject to notice which may also be given by telephone, where the Customer fails to comply with the obligations under Articles 3, 4, 10, 14, 15 and 16. Furthermore, including for the protection of the Customer, Vianova reserves the right to suspend the service relating to individual lines where they are used in a manner that does not comply with the provisions of the aforementioned Articles and, in any event, where there is reasonable suspicion of any unlawful, abusive or fraudulent activity carried out to the detriment of Vianova, the Customer or third parties and/or where abnormal Traffic levels occur.
2. Vianova may also suspend the Vianova Mobile service in the event of no use or no Top-Up for 12 (twelve) consecutive months from the most recent Top-Up transaction or, in the absence of a Top-Up, from the activation date.
3. In the event of suspension, Vianova shall reactivate the Service within the time required to carry out the most appropriate technical and legal checks, without prejudice to its right to terminate the contractual relationship pursuant to applicable laws and the Agreement, as specified in Article 22, or to withdraw from it as also provided for in Article 23 below.
4. During the suspension period, Vianova shall allow access, within Italy only, to emergency numbers (112, 113, 115 and 118) and Customer Service (145), unless the suspension results from a force majeure event.
5. In the case of a Subscription, Vianova shall have the right to suspend a Customer in payment default.
6. Vianova shall reactivate the Service within 2 (two) business days following notification by the Customer that the outstanding amounts have been paid, subject to verification of such payment.
Term of the Agreement and Customer Withdrawal
1. This Agreement shall take effect upon activation of the Services, as set out in Article 2, and shall have an indefinite term.
2. The Customer may withdraw from the Agreement at any time by sending Vianova notice by registered letter with return receipt, fax or certified email (PEC). Withdrawal shall take effect upon termination of the lines in respect of which the Customer has exercised such right and, in any event, within 30 (thirty) days of Vianova’s receipt of the withdrawal request.
3. Upon termination of the Agreement, if the Customer still has unused included minutes, data or SMS messages, these may not be recovered and, similarly, the Customer shall not be entitled to any applicable bonuses.
4. If Remaining Credit is available upon termination of the Agreement and TCR has not been requested from the new operator, Vianova shall credit such amount, net of any applicable set-offs.
5. After determining the amounts due by the Customer, including those due to foreign operators for international Traffic, Vianova shall calculate the Traffic charges in accordance with the terms and specifications set out in the Vianova Offer and invoice the Customer for the amounts due.
6. The North America, Top25 and World bundled plans are subject to a 12 (twelve)-month minimum term. Accordingly, in the event of early withdrawal, including MNP to another Operator, the Customer shall pay Vianova, as consideration for withdrawal pursuant to Article 1373, paragraph 3, of the Italian Civil Code, an amount equal to the remaining monthly fees until expiration of the minimum term. If the Customer decides to suspend the SIM Card on which the North America, Top25 and World bundled plans are active, the 12 (twelve)-month minimum term shall also be suspended until the Customer reactivates the SIM Card. If the SIM Card remains suspended for a period of 24 (twenty-four) consecutive months and the provisions of Article 19.3 above apply, the Customer shall pay Vianova, as consideration for withdrawal pursuant to Article 1373, paragraph 3, of the Italian Civil Code, an amount equal to the monthly fees remaining until expiration of the minimum term that had previously been suspended.
Termination of the Agreement
1. Vianova shall be entitled to terminate the Agreement pursuant to Article 1456 of the Italian Civil Code by giving written notice by registered letter with return receipt, fax or certified email (PEC) if the Customer delays or fails, even partially, to fulfill the payment obligations under Article 4, or fails to comply with even one of the obligations imposed on it under Articles 3 (Untruthfulness, Incompleteness or Inconsistency of the Documentation and Information Provided), 10 (Use of the SIM Card Not Compliant with the Agreement), 14 (Use of the Device) and 15 (Usage Restrictions and Customer Liability).
2. In the circumstances referred to above, Vianova reserves the right to claim compensation for damages suffered.
3. Vianova shall also have the right to terminate the Agreement pursuant to Article 1456 of the Italian Civil Code if the Customer is in breach, even partially, of this Agreement.
Vianova’s Withdrawal
1. Vianova shall have the right to withdraw from the Agreement if, during provision of the Vianova Mobile service, it determines that the Customer is listed in the register of protested debtors, is subject to enforcement proceedings, or is in circumstances that may jeopardize regular payment for the Services covered by the Agreement, based on analyses carried out for the purposes of preventing and managing insolvency risk, fraud control and credit protection, or if the legal representative lacks civil capacity.
2. Withdrawal shall take effect when the Customer receives the relevant notice sent by registered letter with return receipt, fax or certified email (PEC).
3. Upon termination of the Agreement, any unused included Services remaining shall not be recoverable.

Mobile Number Portability

General terms and conditions for the provision of Mobile Number Portability (so-called “Mobile Number Portability” or “MNP”).

Introduction
1. If the Customer requests MNP, the following General Terms and Conditions of Supply shall also apply.
Definitions
1. In addition to the definitions set out in the Vianova General Terms and Conditions of Supply, the following definitions shall apply:
  - Donor Operator (Donor): the Operator to which the number subject to the portability request has been assigned by the competent administrative authorities;
  - Donating Operator (Donating): the Operator that transfers the number. In the case of the first portability request, the Donor and Donating Operators are the same;
  - Recipient Operator (Recipient): the Operator that acquires the Customer together with the number subject to portability;
  - Ported Number: the number belonging to the National Numbering Plan for mobile and personal communications services (Mobile Station International ISDN Number – MSISDN) acquired by the Recipient Operator;
  - Activation Date: the date on which the Recipient Operator activates the ported number and the Donating Operator simultaneously disconnects it.
Subject Matter of MNP
1. These MNP General Terms and Conditions of Supply govern the relationship between Vianova and the Customer with regard to the MNP Service.
2. This Service allows the Customer to use Vianova Mobile services without changing the telephone number assigned by another mobile Operator.
3. For this purpose, the Customer unequivocally expresses its intention to terminate the existing contractual relationship with the Donating Operator in respect of the telephone number to be ported and to establish a contractual relationship with Vianova, resulting in activation of the specified number on Vianova’s mobile network.
4. Vianova shall provide the MNP Service also through the cooperation and services of third parties.
MNP Activation
1. The Customer may submit a request to activate MNP, attaching a copy of its valid identity document or that of its legal representative.
2. The number portability request does not release the Customer from obligations arising from its previous agreement with the Donating Operator.
3. From the MNP Activation Date, the Customer shall have the ported number available on the Vianova SIM Card and may use Vianova Mobile.
4. MNP shall take place after entering into a Subscription agreement or activation of a Prepaid SIM Card.
Specific Obligations of Vianova (Recipient)
1. Vianova specifically undertakes to:
  1. send the Donating Operator the processing order relating to the MNP request and, upon the Donating Operator’s documented request following disputes concerning the MNP, provide a copy of the relevant documentation;
  2. retain the original MNP request received from the Customer together with the related documentation;
  3. not forward the MNP request to the Donating Operator if it identifies a circumstance preventing activation of the Customer pursuant to the Vianova Mobile General Terms and Conditions of Supply.
2. According to the Number Portability agreements in force between mobile Operators, MNP shall be activated within 2 (two) business days of submission of the request to the Donating Operator.
3. The Customer acknowledges that temporary interruptions or suspensions of service relating to the number subject to the request may occur during the MNP activation process.
Suspension, Rejection, Ineffectiveness and Invalidity of the Request
1. The request to activate MNP may be subject to suspension, rejection or cancellation. The request may be suspended in the event of:
  1. documented technical disruptions;
  2. justified service requirements.
2. The request may be rejected in the following cases:
  1. the tax code/VAT number does not correspond to the number to be ported, in the case of a subscription service used with the Donating Operator;
  2. the SIM Card serial number does not correspond to the number to be ported, in the case of a prepaid service used with the Donating Operator;
  3. the number to be ported does not belong to the Donating Operator or is incorrect;
  4. the data required to transmit the request are incomplete or inaccurate;
  5. complete deactivation of the service associated with an MSISDN number by order of the Judicial Authority;
  6. absence of a request for the identifier certifying that the Recipient has obtained the report filed with the Judicial Authority in the event of a lost or stolen SIM Card;
  7. the number has been inactive for more than 30 calendar days.
3. The portability request shall be canceled in the following cases:
  1. a previous portability request for the same number submitted by the same Operator;
  2. a previous portability request for the same number submitted by another Operator other than the originating Operator. Rejection or suspension shall not prevent a new MNP activation order from being submitted.
Liability
1. Vianova shall in no way be liable for failure to activate and/or delayed activation of MNP resulting from causes not attributable to Vianova or circumstances beyond its control, including circumstances attributable to the conduct of third parties (for example the Donor or Donating Operator), where Vianova is unable to fulfill the obligations undertaken toward the Customer.
2. Likewise, Vianova shall in no way be liable for suspension or interruption, including permanent interruption, of MNP activation attributable to unforeseeable events, force majeure or other circumstances provided for by law.
3. In the circumstances described above, Vianova shall not be liable for any related loss, damage or injury, whether direct or indirect, foreseeable or unforeseeable.
Remaining Credit Transfer and Payment Default
1. Upon activation of MNP, the Customer may instruct Vianova to request the Donating Operator to transfer the Remaining Credit available on the previous Prepaid SIM Card; such request is irrevocable.
2. Transfer of the Remaining Credit may only be requested at the same time as Mobile Number Portability and is, in any event, subject to successful completion of MNP.
3. The amount transferred shall correspond to the amount communicated by the Donating Operator to Vianova, net of free Traffic, promotions, options or automatic top-up mechanisms and any service charges contractually applied by the Donating Operator.
4. The credit shall not be transferred where the amount is zero or insufficient, meaning lower than any service charges required by the Donating Operator.
5. The credit communicated by the previous Operator relating to all SIM Cards ported to Vianova shall contribute to the Customer’s Available Credit.
6. As an alternative to requesting the transfer of Remaining Credit, the Customer may contact the previous Operator and request direct reimbursement of such amount in accordance with the applicable contractual terms.
7. Any outstanding-payment status or credit claims arising from the relationship between the Customer and the Donating Operator relate exclusively to the previous contractual relationship.
Suspension or Interruption of the Service
1. The Customer accepts the possible suspension or limitation of the Vianova Mobile service for the period strictly necessary for Vianova and the Donating Operator to carry out all technical operations required to commence and complete MNP activation.
Processing of Personal Data
1. Pursuant to and for the purposes of Article 13 of the Privacy Code and Articles 13 and 14 of the GDPR, Vianova shall process the personal data provided by the Customer exclusively for purposes strictly connected with the Mobile Number Portability request; such processing is necessary for the performance of the Agreement to which the data subject is a party (Article 6(1)(b) of the GDPR).
2. Vianova may make this form available to the originating Operator pursuant to Article 11, paragraph 5, of Resolution 147/11/CIR.
3. With the exception of paragraph 16.2, all other elements of the privacy notice are governed by Article 16 of the General Terms and Conditions for the provision of Vianova services.
Customer Service
1. For information regarding MNP, Vianova provides the Customer with the necessary assistance through its Customer Service (145).
Tariff Transparency
1. Vianova provides its Customers with a tariff transparency service allowing them, at any time, to call the toll-free number 456 and access tariff transparency databases showing the association between a telephone number and the Operator currently providing the service at the time of the inquiry.
Final Provisions
1. For all matters not expressly governed by these MNP General Terms and Conditions, the General Terms and Conditions for the provision of the Vianova Mobile service shall remain in force and apply.

“Agile Professional” Option

Scope
1. These Terms and Conditions govern the provision by Vianova to the Customer of the “Agile Professional” Option (the “Option”), in consideration of the agreed fee, in accordance with the procedures specified in the Vianova Agile Plan and Technical Data Sheet, and supplement the General Terms and Conditions already signed for activation of Vianova services.
2. The Option is provided through Vianova infrastructure located in Vianova Data Centers in Italy.
Features of the “Agile Professional” Option
1. The Option is intended for small and medium-sized businesses with an active Vianova Mobile service using the Agile plan.
2. Through a Cloud-based PBX platform, the Option allows calls directed to the Customer’s geographic number to be managed and may be used exclusively through the Vianova Phone application (“App”) installed on the Customer’s smartphone.
3. Through the App, it shall be possible to answer calls to the Customer’s geographic number using a smartphone and to use the same number to make outgoing calls. For this purpose, the Customer shall associate the App with a geographic number ported to Vianova or assigned according to the telephone district of its registered office or another location.
4. The Customer may request activation of the Option through its Customer Area, subject to a limit of one SIM Card per company name and with the Service associated with only one account at a time.
5. The App does not provide the same functions and performance as a mobile or fixed telephone line and, accordingly, the Customer acknowledges and accepts that:
  1. access through the App to numbers associated with emergency services allows the call to be correctly located only if the call is made from the same telephone district to which the geographic number activated with the Option belongs. Otherwise, the Customer shall make such calls using traditional fixed-line or mobile network services;
  2. the quality of the voice service depends on the coverage of the Wi-Fi or mobile network used from time to time and the Service is provided on a best-effort basis.
6. The Customer undertakes to appropriately inform End Users of these limitations and releases Vianova from any obligation or liability in this regard.
Telephone Numbers
1. The Customer may migrate an existing geographic number already available to it to VoIP technology only where technically possible, or may request activation of a new number belonging to the telephone district of its registered office or another location.
2. GNR numbers and numbers with additional digits cannot be associated with the Service.
3. If the Customer no longer has an active Agile plan associated with the geographic number, the Option shall no longer operate and the Customer shall associate another SIM Card with an active Agile plan. Alternatively, the Customer shall port the geographic number to another Operator within 30 days of deactivation of the Agile plan.
4. The Customer may suspend the Option starting from the month following the relevant request; in this case, the Customer shall retain the geographic number, which shall not be reachable, and shall not pay the cost of the Option only if the associated Agile plan remains active.
Use of the Option
1. The Customer is prohibited from making improper use of the Option and, in the event of improper or fraudulent use, including by third parties, Vianova reserves the right to immediately suspend and/or terminate the Option, including without prior notice, without prejudice to its right to claim compensation for damages.
2. The Option may be used exclusively through the Customer account with which it has been associated and solely for purposes relating to the Customer’s business activities.
3. The Customer also undertakes to:
  1. ensure that the Option is used exclusively within its own business organization and assume all resulting obligations and liabilities for Traffic generated and transmitted through the platform via its connection;
  2. not tamper with or perform any work, directly or indirectly, on the App (software) owned by Vianova and licensed for use by the Customer;
  3. correctly use the assigned telephone numbers and, in particular, keep unchanged the “native” CLI (Calling Line Identifier) assigned to the location in order to ensure the proper provision of emergency services and mandatory services required by the Judicial Authority. If the App is used outside the district to which the associated geographic number belongs, the Customer shall use a traditional fixed or mobile telephone line for emergency calls.
  4. not disclose, directly or indirectly, including through its personnel, passwords or access credentials for the Service;
  5. not copy, in whole or in part, the software programs included in the Option, whether in printed or computer-readable form;
  6. not provide through the Option content and/or any other material contrary to mandatory laws, public order or public morality, or otherwise capable of infringing any third-party right, and to indemnify and hold Vianova harmless from any loss or damage incurred by Vianova as a result of actions and/or claims brought by third parties due to content and/or other material provided by the Customer.
4. The Customer undertakes to indemnify and hold Vianova harmless from any adverse consequence resulting from failure to comply with the obligations described in this Article.
5. Vianova reserves the right to suspend the Option in the event of a breach of the obligations indicated above.
Limitations of Liability
1. Vianova shall not be liable for damages suffered by the Customer or third parties as a result of use of the Option.

rev. 18 – April 2026

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“Agile Professional” Option

Contents

General Supply Terms and Conditions

Fixed-Line Services

VPN Service

Cloud Service

Backup Service

Certified Email (PEC) Service

Mail Service

Hosting Service

Domain Service

Colocation Service

Mobile Network Services

Mobile Number Portability

“Agile Professional” Option

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