Contents

General Supply Terms and Conditions

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

Fixed network services

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

Cloud service

  1. Subject of the service
    1. The subject of the service is the supply by Welcome Italia to the Customer of the Vianova Cloud Service, i.e. the granting to the Customer of the right to use a part of the storage and processing capacity of the physical servers, equipped with an operating system, installed at Welcome Italia’s Server Farm, which host the Customer’s software and data, which can be managed independently (hereinafter referred to as the ‘Service’).
  2. Supply terms and conditions
    1. The technical and economic characteristics of the Service and the operational methods of supply and Customer use are described in the documents ‘Offerta Vianova’ (Vianova Offer) e ‘Sede Vianova’ (Vianova Office).
    2. The Service is provided through customizable and scalable solutions as indicated in the Vianova Offer.
    3. The Customer assumes responsibility and is solely liable for choosing the type of configuration best suited to its needs and the type of operating system (e.g. Linux or Windows).
    4. Welcome Italia undertakes to use state-of-the-art technology and the best resources at its disposal to provide the Service and to ensure that network equipment functions correctly for Internet connectivity purposes.
    5. The Service will normally be available 24 hours a day for every day of the contract period, excluding any suspensions for maintenance purposes.
    6. In the event that Welcome Italia decides to carry out scheduled maintenance or replace the hardware equipment, the Service may be interrupted. In this case, the Customer will be notified in advance with at least 24 hours’ notice.
    7. Welcome Italia will not be required to pay any compensation to the Customer for such interruptions.
    8. In the event of an unexpected malfunction, Welcome Italia undertakes to notify the Customer promptly.
  3. Insurance
    1. The hardware on which the Customer is hosted is not covered by any insurance for all consequences resulting from equipment failure, such as (by way of example) data loss or virus attacks.
    2. In all cases, therefore, insurance for the software and the content installed is the sole responsibility of the Customer.
    3. In the event of a hardware failure that is not attributable to the Customer, Welcome Italia will be required to repair or replace the hardware only within the limits of the warranty provided to Welcome Italia by the hardware manufacturer.
    4. If the Customer is concerned with covering the risks deriving from the malfunctioning or failure of the hardware or software, it must take out the appropriate insurance independently and bear all the responsibilities and costs.
    5. The hardware on which the Service is hosted receives technical support provided by its manufacturers, in accordance with the terms and methods indicated by the manufacturers themselves.
    6. No other support is due from Welcome Italia.
    7. It will not be possible to perform any hardware interventions on the assigned machine.
  4. Access codes
    1. Welcome Italia will provide the Customer with the access codes to access the Service at the administrator level.
    2. The Customer is required to change these codes when accessing for the first time and to store them as confidentially as possible. The Customer is therefore responsible for any damage caused to itself, to Welcome Italia, or to other Customers of the Service resulting from these codes becoming known to third parties due to the Customer’s own negligent conduct.
  5. Prohibition on subletting
    1. Under its own responsibility, the Customer undertakes not to transfer the rental of the Service to third parties for any reason, to respect Welcome Italia’s rights to the Service, and to ensure that third parties respect these rights.
  6. Software
    1. The Customer is responsible for any damage caused to itself, to Welcome Italia, or to other Customers by the inappropriate installation of software, by the installation of software that is not licensed or that is harmful, or by the execution or development of harmful software.
    2. Welcome Italia reserves the right to suspend the Customer’s use of the Service at any time and without prior notice if the software installed by the Customer causes damage, decreases the level of security, or is used for illegal activities.
  7. Changes to the chosen configuration
    1. At any time, the Customer may choose a different configuration of the Service (RAM, disk space, Internet bandwidth, etc.) by sending a written request to Welcome Italia. This request must be approved by Welcome Italia, which will provide written notice specifying the time frame for activation.
    2. In the event of a change to the configuration, the Customer is required to back up the data.
  8. Server Farm
    1. The servers used to provide the Service are housed in the Server Farm of Welcome Italia, which reserves the right to transfer the equipment covered by this Service to any other location that it deems more appropriate. Prior notice of this will be provided to the Customer.
  9. Obligations, restrictions, and responsibilities of the Customer
    1. The Customer undertakes:
      1. to use the Service only for the uses permitted by law. By way of example, the following are prohibited:
        • publishing material that infringes upon intellectual property rights, trade secrets, trademarks, patents, or other legal or customary rights;
        • the content of which is contrary to public decency and public order and aims to disturb public or private peace or to cause offense or direct or indirect damage to any person;
        • the content of which includes child pornography;
        • that is capable of breaching or attempting to breach the confidentiality of private messages or is aimed at damaging the integrity of the resources of others or causing direct or indirect damage to any person (unlicensed software, cracks, key generators, serials, viruses, worms, Trojan horses, or other harmful components);
        • that is capable of spamming or equivalent actions.
      2. to ensure that the personal data communicated for the full implementation of the Service is correct, up to date and truthful, and that this data allows the Customer’s true identity to be identified;
      3. to indemnify and hold harmless Welcome Italia against any liability in the event of reports, legal action, administrative or judicial action, and losses or damages (including legal fees) resulting from the illegal use of the service by the Customer;
      4. to follow any technical instructions provided by Welcome Italia regarding the use of hardware and software so that they are used correctly and appropriately;
      5. to acknowledge that it is solely and exclusively liable for activities carried out through the Service or directly or indirectly attributable to it, and in particular to be liable for content published, disseminated, and transmitted through the Service.
    2. Welcome Italia reserves the right to suspend the Service, notifying the Customer, if, at its sole discretion or by means of third-party reporting, it deems that the Customer is carrying out activities that breach the obligations set out in this article, should there be justified security or confidentiality reasons.
    3. In this case, the Customer, having been notified by Welcome Italia via email, must immediately eliminate the causes of the complaint or provide adequate documentation proving that the activities in question are in full compliance with the applicable regulations.
    4. If the Customer fails to respond immediately, Welcome Italia will have the right to terminate the contract immediately, without prejudice to the right to full payment of the Service fee or to Welcome Italia’s right to take action in order to be fully compensated for any damages incurred.
  10. Limitation of liability
    1. The Customer acknowledges and accepts that third parties that know the Customer’s access codes may be able to use the Service improperly in the Customer’s name as well as access its programs and data.
    2. The Customer therefore undertakes to store and use these codes with the utmost confidentiality and diligence.
    3. The Customer will be held liable for any damage caused to Welcome Italia or to third parties due to a failure to comply with the above.
    4. The Customer also undertakes to notify Welcome Italia promptly in writing of any theft or loss of its access credentials.
    5. Under no circumstances can Welcome Italia be held liable for direct or indirect damage caused to users of the Service due to the improper use of the Service or due to a failure to comply with the rules and obligations described in these contractual conditions, for events beyond its reasonable control that are not directly attributable to Welcome Italia, including, by way of example:
      1. force majeure events;
      2. events dependent on the actions of third parties, such as, for example, interruptions to or malfunctions in the services of telecommunications operators or of power lines;
      3. malfunctions in the terminals or other systems of communication used by the Customer.
    6. Welcome Italia will also be exempt from any liability in the event of the destruction, loss, theft, damage, or deterioration (even if only partial) of the hardware or software for any reason not deriving from its own gross negligence.
    7. In any case, the Customer undertakes to indemnify and hold harmless Welcome Italia against any and all claims brought by third parties against it for the possible damage indicated above.
    8. With adequate notice, Welcome Italia may also, at its discretion and by means of scheduled works, modify or review the functions or characteristics of the Services for technical reasons, guaranteeing adequate functionality in all cases.
  11. Duration and withdrawal
    1. The duration of the Service is indicated in the offer and may be equal to or shorter than the intended duration of the signed Vianova Offer, to which Vianova Cloud is an ancillary Service.
    2. In the event of the termination of the contractual relationship with Welcome Italia or the cancellation of the Service, in addition to the deactivation of the functions of the Service, all data and materials entered by the Customer and present on the Welcome Italia servers will be deleted; in no way will Welcome Italia be responsible for maintaining or saving said data or materials.
    3. It will therefore be the Customer’s responsibility to save the data on a different medium before the agreed expiration date.

CEM service

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

Domain service

  1. Subject of the Service
    1. The subject of the service is the supply by Welcome Italia to the Customer of the Domain service, i.e. operations to register, transfer, and maintain the Internet domains as requested by the Customer, hereinafter referred to as the ‘Service’.
  2. Service supply terms and conditions
    1. The technical and economic characteristics of the Service are described in the Vianova Offer.
    2. The rules and requirements for the assignment of top-level domains (abbreviated to ‘TLD’) are dictated by the competent authorities.
    3. By way of example, for Italian domains (e.g. company.it), the terms and conditions of the authority Registro.it apply. These can be consulted on the website https://www.nic.it/it/doc/2015/assegnazione-e-gestione-dei-nomi-dominio-nel-cctldit-regolamento-versione-71-formato-pdf.
    4. Welcome Italia acts as an intermediary between the Customer and the TLD assignment authority and has no influence over the assignment of domains.
  3. Documentation
    1. The Service can be activated upon receipt of the ‘Domain’ form signed by the Customer, with the characteristics indicated therein.
  4. Obligations, restrictions, and responsibilities of the Customer
    1. The Customer undertakes to:
      1. ensure that the personal data communicated to execute the Service is correct, up to date and truthful;
      2. immediately notify Welcome Italia on each occasion of any changes to the data provided;
      3. consult the rules and requirements set out by the TLD assignment authority. This applies in particular to authorizations, licenses, and other permits or clearances from public regulators or supervisory bodies and the like.
    2. In the event of a failure to comply with the above, Welcome Italia reserves the right to suspend the Service.
    3. In this case, the Customer, having been notified by Welcome Italia, must immediately eliminate the causes of the complaint or provide adequate documentation proving that it is in full compliance with the applicable regulations.
  5. Duration and withdrawal
    1. The Service has a duration of one year and will be automatically renewed upon expiration for the entire duration of the signed Vianova Contract.
    2. In the event of the termination of the contractual relationship or the cancellation of the Service, Welcome Italia will forward a domain release request to the competent authority; the domain will subsequently become available again to anyone who requests it.
  6. Privacy
    1. The Customer has the right to make the details of the Owner of the domain public via Whois lookup, indicating this choice in the relevant section of the ‘Domain’ form.
    2. Following a request to conceal this information, some data defined as mandatory by the TLD assignment authority will remain visible via Whois lookup.

Colocation service

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

Mobile network services

  1. Definitions
    The terms, used in singular or plural form, have the following meanings:
    • Subscription Plan: contractual arrangement that involves the postpaid provision of Vianova Mobile services and the application of the government license fee (‘Tassa di Concessione Governativa’ or TCG).
    • Customer Area: dedicated area where the Customer can manage the services and thresholds relating to their SIM cards through SIM Manager
    • Device: the mobile phone/smartphone, possibly equipped with Near-Field Communication (NFC) technology, PC Card/Internet key or laptop (for mobile use), approved for connection to the Network, which, in conjunction with the SIM card, allows the Customer to use the Vianova Mobile service. The Device may not be owned by the Customer.
    • SIM card (or SIM): microprocessor card, including the eSIM category, issued to the holder of the Contract and marked with a serial number, allowing access to the Vianova Mobile services.
    • Customer: the person or entity, whether public or private, that requests the activation of Vianova Mobile for itself and/or for the End User in order to fulfill communication needs as part of its business, professional, or institutional activity.
    • PIN (Personal Identity Number): personal code associated with the Customer’s SIM card that allows access to all the functions for which the card is enabled.
    • PUK (Personal Unblocking Key): non-modifiable code used to unblock the SIM card following the incorrect entry of the PIN 3 times in a row.
    • Available Credit: the credit available to the Customer for the purchase of Vianova Mobile services; this is a single amount and can be used by all active SIM cards.
    • Leftover Credit: the amount, paid for and not used by the Customer, that remains when the Contract is terminated, net of any amount charged for the transfer of the Leftover Credit.
    • IMEI (International Mobile Equipment Identity) code: 15-digit serial code required to uniquely identify and register the Device on the Network.
    • Vianova Offer: the document that specifies the technical characteristics of Vianova Mobile and the related supply terms and conditions, including the economic terms and conditions.
    • Mobile Number Portability (MNP): the service that allows users to transfer their own telephone number, used with their previous operator, to their Welcome Italia SIM card.
    • Network: mobile radio telecommunications system through which the Vianova Mobile service is provided.
    • Top-up: supply of credit on behalf of the Customer, with monthly billing.
    • Automatic Top-up: Top-up option which, when the set threshold is reached, supplies the credit specified by the Customer for the purchase of pay-per-use services. Where package profiles are activated, Automatic Top-up involves a monthly charge equal to the amount of the packages purchased by the Customer.
    • Pay-As-You-Go: contractual arrangement that involves the purchase of Vianova Mobile services through Top-up.
    • International Roaming: enabling the Customer to use Vianova Mobile services outside Italy through the use of the Network of foreign operators.
    • SIM Manager: the name of the application that allows the Customer and its representatives to manage SIM cards in the relevant section of the Customer Area.
    • Government license fee (‘Tassa di concessione governativa’ or TCG): government license fee applied to public terrestrial mobile radio service Subscription Plans as per Article 21 of the Tariff attached to Presidential Decree no. 641 of October 26, 1972.
    • Traffic: voice and data communication, transmitted on the Network and executed via the SIM card, as well as communications received by the Customer at the called party’s expense.
    • Agreed Use: the use of Vianova Mobile according to the indications specified in Article 15 of this Contract.
    • End User: the natural person linked to the Customer by a relationship of employment, professional, and/or commercial collaboration, who uses Vianova Mobile as requested by the Customer.
    • Vianova Mobile: the mobile and personal communication service, using digital technology, described in the Vianova Offer.
  2. Contractual proposal
    1. Except as set out in the following paragraph, the Contract, even if not expressly accepted, will be considered to have been concluded upon the activation of Vianova Mobile by Welcome Italia.
    2. The Customer can activate the Contract through the functions available in the Customer Area.
  3. Documentation and attachments
    1. The Customer (if a natural person) and the legal representatives of legal persons must provide documentation certifying their identity and are responsible for the truthfulness, completeness, and consistency of the documentation and information provided.
    2. Furthermore, the Customer undertakes to promptly notify Welcome Italia in writing of any change relating to the information provided at the time of signing the Contract and, in particular, of any change concerning the information relating to the legal representative, to the residence and/or domicile, and/or to the registered office and/or other office.
  4. Fees
    1. The Customer will be required to pay Welcome Italia the amounts of the chosen commercial offer.
    2. The initial contribution for the activation of each SIM card will be spread over 12 months.
    3. If the Contract is interrupted (e.g. by withdrawal, termination, etc.) before the end of this period, Welcome Italia will invoice the remaining portion of the initial contribution as a single payment.
  5. Top-up and use of Available Credit
    1. The Customer expressly requests that the Pay-As-You-Go offer be activated with Automatic Top-up.
    2. Upon the activation of Vianova Mobile, the Customer will be charged an amount for each SIM card in addition to the Top-up required to purchase any pre-selected services.
    3. The amount topped up will be added to the Available Credit, which can be used by all SIM cards within the limits of any thresholds set.
    4. In particular, through SIM Manager, the Customer will be able to control and manage the Traffic handled by each SIM, independently setting the spending thresholds for each through the specific feature in the Customer Area.
    5. If the Available Credit is less than the minimum threshold set, the Customer expressly agrees to automatically top up by the amount indicated in the Customer Area.
    6. The Customer will be informed of the successful Top-up.
    7. The Automatic Top-up function will be suspended in the event of the failure to pay invoices.
    8. In the absence of Available Credit, Vianova Mobile cannot be used.
  6. Billing
    1. Vianova Mobile is billed on a monthly basis, and invoices will be made available in the Customer Area.
    2. The government license fee (‘TCG’, only required for Subscription Plan profiles) will be billed in advance.
  7. EU and non-EU international roaming
    1. The Customer may use the Services (voice, data, SMS) when roaming in the member countries of the European Union (EU) and in Iceland, Liechtenstein, and Norway (EU International Roaming) for occasional travel under the conditions of its national profile (Roam Like at Home, ‘RLAH’). This use is subject to the limits indicated below and to compliance with the fair use policies and a stable link with Italy (which must be demonstrated upon request by Welcome Italia) pursuant to Regulation (EU) 2016/2286, parameters set out to prevent abuse and anomalous use.
    2. To make use of the above, the Customer must meet at least one of the following requirements:
      1. must be habitually resident in Italy;
      2. must have stable links with Italy that involve a frequent and consistent presence in Italy.
    3. In addition, in order to use RLAH, the following conditions must not be met: a) simultaneous or sequential use of multiple SIM cards owned by the Customer for roaming purposes; b) long period of SIM card inactivity in conjunction with periods of predominant or exclusive use for EU roaming, over a period of 4 (four) months; c) usage for roaming in the EU that exceeds usage in Italy, or predominant presence in other Member States of the European Union, over a period of 4 (four) months.
      If Welcome Italia detects any conduct as referred to in points a), b), or c), all traffic (voice, data, and SMS) will be charged at the price set for EU roaming that exceeds the threshold (available on this page in the section dedicated to mobile profiles).
    4. In the absence of the conduct referred to in points a), b), or c), exceeding the maximum usable traffic thresholds for the EU will in any case entail the application of the economic conditions published on this page and defined on the basis of the provisions of EU regulations.
    5. Subject to authorization by AgCom and in compliance with the provisions of Article 6 quater, paragraph 2 of Regulation (EU) 531/2012, Welcome Italia reserves the right to apply a surcharge to roaming services in European Union countries. The full conditions are published on this page dedicated to mobile profiles.
  8. Thresholds and alerts
    1. In order to ensure adequate control over the costs of International Roaming data traffic, the Customer sets a maximum spending threshold for each SIM through the Customer Area when enabling the International Roaming service.
    2. Welcome Italia informs the Customer when the International Roaming data service has reached 80% of the set threshold.
    3. The Customer can request to suspend or reactivate the sending of these notifications free of charge.
  9. PIN and PUK codes
    1. Upon delivery of the SIM cards, the PIN and PUK codes associated with said SIMs will be confidentially communicated to the Customer.
    2. The Customer will be responsible for storing and managing the information delivered and communicated.
  10. SIM card usage and limitations
    1. The Customer is obliged to use the SIM card exclusively through the Devices in a lawful and non-abusive manner, in compliance with the applicable laws, exclusively as part of its professional or business activities in order to fulfill its own communication needs and those of End Users.
    2. The SIM card cannot be used in devices other than the Device, including but not limited to GSM modems, GSM boxes, GSM gateways, SIM boxes, for M2M traffic functions and the like, or to establish a physical, logical, or computerized connection between the SIM card and software other than that provided by Welcome Italia, or hardware that may allow the Customer to transform, collect, terminate, reorganize, or exceed the standard traffic profile.
    3. The Customer may not resell traffic to third parties.
    4. In such cases, without prejudice to the right to terminate the Contract, Welcome Italia reserves the right to immediately suspend the Vianova Mobile service without notice, pursuant to Article 20 below, if the Customer carries out or allows the improper use described in this article.
  11. SIM card usage obligations and responsibilities
    1. The Customer undertakes to use the SIM card with care and diligence to ensure it remains in an intact state and to allow it to function correctly.
    2. The Customer will inform the End Users of the provisions referred to in this article and guarantee compliance with them; in any case, the Customer will hold harmless Welcome Italia against any unlawful use of the SIM card by the Customer or by the End Users.
  12. Repair, replacement, and exchange of the SIM card
    1. In the event that the SIM card delivered to the Customer is faulty, Welcome Italia will repair or replace it under warranty for events occurring within 12 months of its delivery, unless the defect is caused by the Customer’s inexperience, negligence, or carelessness.
    2. Without prejudice to the guarantee referred to in the preceding paragraph, in all cases in which it is necessary to change the SIM card or in which the Customer or End User requests to do so, Welcome Italia will replace it upon payment of a fee as indicated in the Vianova Offer.
  13. SIM card management and SIM Manager
    1. Through the use of SIM Manager, the Customer will be able to manage each SIM card through the Customer Area, authorizing a maximum spending limit for each, and enabling certain services such as International Roaming (in other words, enabling/disabling Vianova Mobile services).
  14. Use of the Device
    1. The Customer undertakes:
      1. to use the SIM card only in Devices compliant with current legislation and bearing CE marking;
      2. to follow the usage instructions provided by the Device manufacturer;
      3. not to use the Device or allow it to be used for the purposes of communications that cause harassment, that violate applicable laws, or for unlawful, abusive, or fraudulent purposes;
      4. to use the SIM Card in accordance with the provisions of these General Supply Terms and Conditions and the Vianova Offer.
    2. The Customer will inform the End Users of the provisions referred to in this article and guarantee compliance with them, and will hold harmless Welcome Italia against any unlawful use of the Device by the Customer or by the End Users.
  15. Limitations of use and Customer liability
    1. Without prejudice to the limitations described above, the Customer is obliged not to use Vianova Mobile for purposes and in ways that are not permitted or that are unlawful, or in such a way as to abuse the commercial offer described in the Vianova Offer. The Customer will inform the End Users of the provisions contained in this article, guaranteeing compliance with them.
    2. The Customer will hold harmless Welcome Italia against any use of the Vianova Mobile service that does not comply with the conditions agreed by the Customer or by the End Users.
    3. Following the activation of the service, all communications made through the services assigned to the Customer are presumed to have been made by the Customer or with its consent.
    4. The Customer will refrain from carrying out acts or deeds that endanger or damage the operation of the Network and will not use Vianova Mobile in a way that disrupts other customers.
  16. Data service access and network integrity guarantee
    1. In order to guarantee the data connectivity service and the integrity of the Network for all Customers, including in high-traffic time slots, Welcome Italia, in compliance with the principle of equal treatment, reserves the right to introduce, where necessary, temporary and non-discriminatory mechanisms to limit the use of the available network resources, if such use becomes incompatible with the right of access to Internet connectivity services for the majority of Customers.
    2. To this end, Welcome Italia may limit Internet connection speeds (known as traffic shaping), intervening as a matter of priority on mobile applications that involve higher bandwidth consumption (e.g. peer-to-peer, file sharing, etc.) or that exceed a certain amount of data exchanged (megabytes/hour).
  17. Theft and loss
    1. In the event of the loss or theft of the SIM card, the Customer must immediately notify Welcome Italia by using the specific function in the Customer Area or by sending a message via email, certified email, or fax.
    2. It is possible to disable the stolen or lost SIM cards through the Customer Area.
    3. It is understood that, until this report is submitted (i.e. until the SIM card is deactivated), the traffic generated by each lost or stolen SIM card will remain the sole responsibility of the Customer.
    4. Alternatively, and if specifically notified, Welcome Italia will block the SIM cards involved or, if technically possible, the operation of the Device based on the IMEI code.
    5. The Customer will be required to pay a fee for the delivery of the new SIM card.
  18. Mobile Number Portability (MNP) and Leftover Credit Transfer (LCT)
    1. The Customer may keep the telephone number assigned to it by another mobile operator by requesting that Welcome Italia activate the mobile number portability (MNP) service, which will be provided free of charge once its technical feasibility has been verified.
    2. MNP is governed by Article 80 of Legislative Decree no. 259 of August 1, 2003 and subsequent amendments and by the applicable regulations on the matter, as well as by the General Terms and Conditions of MNP detailed below.
    3. At the same time as MNP, the Customer can also request LCT from the previous operator (i.e. the crediting of any amount topped up and not used).
  19. Termination of one or more telephone numbers
    1. If the Customer terminates all Pay-As-You-Go SIM cards or requests the MNP of all numbers to another operator, Welcome Italia will return the Leftover Credit present at the moment when the last SIM card is deactivated.
    2. In this case, the Contract will no longer be in effect from the date of termination of the last service, and the subsequent provision relating to the Customer’s Withdrawal will apply.
  20. Suspension of the Vianova Mobile service
    1. Welcome Italia reserves the right to suspend the Vianova Mobile service with prior notice, including by telephone, in cases where the Customer fails to fulfill the obligations set out in Articles 3, 4, 10, 14, 15, and 16. Furthermore, and partly for the Customer’s own protection, Welcome Italia reserves the right to suspend the service with regard to individuals in the event of use not consistent with the provisions of Article 15 and, in any case, in the event that there is a well-founded suspicion of any illegal, abusive, or fraudulent activity carried out to the detriment of Welcome Italia, the Customer or third parties, and/or in the event of anomalous traffic levels.
    2. In the event of suspension, Welcome Italia will reactivate the service within the time necessary to carry out the most appropriate technical and legal checks, without prejudice to the right to terminate the relationship pursuant to the applicable provisions of the law and the Contract, and the right to withdraw from said Contract by exercising the right referred to in the following Articles 22 and 23.
    3. During the suspension period, Welcome Italia will allow access (within Italy) to emergency numbers (112, 113, 115, and 118) and to Customer Service (145), unless the suspension is due to a force majeure event.
    4. In cases where the Customer has a Subscription Plan, Welcome Italia will have the right to suspend the Customer in the event of a default.
    5. Welcome Italia will reactivate the service within two working days of being notified by the Customer that the amounts still due have been paid, subject to verification of this payment.
  21. Duration of the Contract and Customer Withdrawal
    1. This Contract will come into force upon the activation of the services, as described in Article 2, and will last for an indefinite period.
    2. The Customer can withdraw from the Contract at any time by notifying Welcome Italia via registered letter with return receipt, fax, or certified email. The withdrawal will take effect following the termination of the services for which the Customer has exercised the corresponding right, and in any case within 30 days of Welcome Italia receiving the withdrawal request.
    3. Upon the termination of the Contract, if the Customer still has minutes, data, or SMS included and not used, the Customer may not recover them. Similarly, the Customer will not be credited for any planned bonuses.
    4. If the Customer has Leftover Credit when the Contract is terminated and LCT has not been requested from the new operator, Welcome Italia will credit this amount, net of any reimbursement.
    5. Following the verification of the sums due from the Customer, including those owed to foreign operators for international traffic, Welcome Italia will assess the value of the traffic according to the terms and specifications indicated in the Vianova Offer and will invoice the Customer for the amounts due.
  22. Termination of the Contract
    1. Welcome Italia will have the right to terminate the Contract pursuant to Article 1456 of the Italian Civil Code by giving written notice via registered letter with return receipt, fax, or certified email, in the event that the Customer delays in fulfilling or fails to fulfill (even in part) the payment obligations set out in Article 4, or fails to fulfill any one of the obligations incumbent upon it according to Articles 3 (untruthfulness, incompleteness, inconsistency of the documentation and information provided), 10 (use of the SIM in a way that does not comply with the Contract), 14, and 15.
    2. In the aforementioned cases, Welcome Italia reserves the right to claim for the damages suffered.
    3. Welcome Italia will also have the right to terminate the Contract pursuant to Article 1454 of the Italian Civil Code if the Customer is in breach of this Contract, even in part.
  23. Withdrawal of Welcome Italia
    1. Welcome Italia will have the right to withdraw from the Contract if, in providing the Vianova Mobile service, it verifies that the Customer is registered as having received a notice of dishonor or is subject to insolvency proceedings, or that the Customer’s circumstances are such as to jeopardize the regular payment of the services covered by the Contract, on the basis of analyses carried out for the purposes of preventing and controlling the risk of insolvency and for fraud control and credit protection, or where the legal representative is operating ultra vires.
    2. The withdrawal will take effect from the moment the Customer receives the notification sent by registered letter with return receipt, fax, or certified email.
    3. Upon the termination of the Contract, if there are any remaining services included but not used, these cannot be recovered.

Mobile Number Portability

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

last updated August 2019