General conditions

Condizioni GeneraliGeneral conditions

 

User Status

Every issue related to billing, including cases of changes or adjustments of headings and amounts and the issuance of credit notes, must be handled by the client by directly contacting the administration of Baralba SA at the following reference. info@homebased.it

 

Intellectual Property
The Company is the legitimate owner of the homebased trademark, the pages it comprises, and the information or elements contained in texts, documents, photographs, drawings, graphics, databases, software, logos, trademarks, trade names, or other signs protected by intellectual or industrial property rights.
Unless authorized by the Company or third-party holders of the corresponding rights, or unless legally permitted, the User may not reproduce, transform, modify, decode, distribute, rent, make available, or allow public access through any form of public communication to any of the elements mentioned in the previous point.

Warranties and liabilities
The Company does not guarantee continuous access, nor the correct display, downloading, or use of the elements and information contained on the website pages, which may be prevented, hindered, or interrupted by factors or circumstances beyond its control.
The Company is not responsible for the information and other content integrated in areas or websites of third parties accessible from the created site.
The Company assumes no responsibility regarding the information, content, products, and services offered or provided through the site by third parties or entities.
Neither the Company nor third-party information providers assume any responsibility for any damages, losses, claims, or expenses resulting from: (i) Interference, interruptions, errors, omissions, telephone failures, delays, blocks, or disconnections in the operation of the electronic system caused by deficiencies, errors, and overloads on telecommunication lines and networks, or for any other cause beyond the control of the Company, (ii) the use of any illegal and/or malicious programs and any type of media, such as viruses or any others. (iii) improper or incorrect use of the Company’s websites. (iv) browsing security or errors caused by browser malfunction or failure to use updated versions. Loss of data, deletion of databases, and corruption of the same, the company, despite making every effort to recover the data, does not guarantee the success of such operations, nor does it provide a backup service. Therefore, the responsibility for keeping a copy of their archives of information uploaded to the site lies solely with the customer.

Privacy and Protection of Personal Data
The personal data of Users will be processed in accordance with the Company’s Privacy Rules. For further information, please refer to our Privacy Rules.

Security
The Company has adopted the necessary security measures to ensure the confidentiality and privacy of personal data, as defined according to the applicable legal regulations.

Cookie
Some pages of the website have cookies, which are small data files generated on the user’s or client’s computer to allow our systems to remember the language and the chosen site, as well as other browsing characteristics or preferences of the user in the first session. These cookies are not invasive or harmful, nor do they contain personal data, as their only function is to personalize browsing, as stated previously. In any case, the User can always activate browser settings to refuse the installation of cookies.

Resolution
The Company reserves the right to prohibit access to the services, either permanently or temporarily, at its sole and exclusive discretion. Users subject to the exclusion measure will be informed of this decision and will not be able to subsequently attempt to access the services under a different name or by means of other Users.
The User will be responsible for any damages of any kind that the Company or its subsidiaries may suffer, directly or indirectly, as a result of any violation of the obligations arising from the Conditions regarding the use of the services. Furthermore, the User will indemnify the Company from any sanctions, claims, or lawsuits from third parties, including public entities, against the Company, its employees, or agents, as a result of the User’s violation of third-party rights by using the services contrary to what is provided by the Conditions.

Miscellaneous
Changes
The Company reserves the right to make changes it deems appropriate, including modifying, deleting, and adding new content and/or services as well as the way they are presented and localized.

Minors
To use the Service, minors must have previously obtained permission from their parents, guardians, or legal representatives, who will be responsible for all acts carried out through the website by minors under their care. In services where expressly indicated, access will be limited exclusively to adults of legal age.

Duration and Termination
Free services and/or content have an indefinite duration; however, where specified, services including “paid options” have a duration tied to the period of time indicated on the page of the ad publishing process within the homebased.it website and applications.
The Company has the power to unilaterally close, suspend, or interrupt the provision of the Service and the website at any time and without prior notice.

Applicable Law and Jurisdiction
Except as provided by non-derogable legal provisions, the Lugano Court shall have exclusive jurisdiction to settle any disputes concerning these Conditions and the relationships governed by them.

Contract

Terms of Use

1. Acceptance of the conditions,

These Terms of Service (“CDS”) constitute a contract between you and Baralba SA (homebased) which establishes the conditions of use of the services and sites (hereinafter referred to as “Services”). Before you can use the Service, you must carefully read these TOS. If you do not intend to comply with these conditions, you will not be able to use this Service. You also have the option of keeping a copy of these TOS by printing them.

Updates

Baralba (through the Homebased brand) reserves the right, at any time, to modify these CDS; for this reason, we recommend that you periodically check the CDS. At any time, you can consult the most updated version of the CDS on this page of the website: www.homebased.it. You understand and agree that your use of the Service even after such changes to the TOS constitutes acceptance of the TOS themselves, as modified. Without limiting anything to the foregoing, if Baralba makes one or more changes to the TOS that materially affect your use of the Service, Baralba may post a notice of such changes on its website and/or notify you via email of such changes to Your email account.

2. Description of Services:

Internet sites, landing pages, free (SEO) and paid (P.P.C.) search engine advertising created by our company. company (previously, at the time of acceptance of this document or even thereafter), Digital Signage and web hosting services. Web consultancy.

  • Any hosting service purchased by you (as per invoice) has a duration of 365 days,
  • The maximum number of emails that can be combined with the domain in question is 5 with a maximum total space of 500 megabytes. Email configurations and settings on your computer are at your care and expense.
  • The domain purchased / transferred through Baralba (through the Homebased brand) will remain your exclusive property, and you are guaranteed not to infringe any patent / trademark.
  • The web space dedicated to the website refers only to the number of advertisements and photographs inserted on the site.
  • It is not possible to access in any way the web space where the pages of the website are stored (ftp, remote connection included). Access will only be available to the import folder from a management system.
  • You certify and confirm that the material provided during the creation of the web pages (images, logos, documents) is not covered by copyright, and you release Baralba SA (homebased) from any liability relating to the same.
  • By taking advantage of discounted rates, access as an “Administrator” user of WP (wordpress) will not be provided. If complete management of the site is requested by the customer, the following will be delivered: WP administrator access (password), httpdocs folder (containing all the necessary files), SQL Database, License of the theme and all installed PLUGINS and auth-code (auth-info) upon payment of the differences compared to the discounted rate enjoyed (base site list price minimum 1500 euros).
  • The texts of the web pages also published on Digital Signage are composed by you, who certifies that you have verified the presence of all the information required by current law, including in terms of privacy. Any intrusion or hacker attack on the site or contents must be reported promptly to the email: info@homebased.it immediately relieving Baralba SA (Homebased brand) from any liability regarding content that has been changed, altered or modified by third parties. The customer therefore undertakes to check the published content on a daily basis.
  • If you use multi-language site versions, you undertake to independently insert the texts of the advertisements in the languages directly on the site. Translations relating to static and dynamic pages will be at your expense.
  • The technical structure of the website is created with html, wordpress and technology, this, like all or part of the graphics of the website created, can be used again for the creation of other websites by Baralbasa (through its Homebased brand).
  • In the event of lack of accessibility to the site or Digital Signage you will have nothing to expect from BaralbaSA itself (through its homebased brand).
  • You release the BaralbaSA company (and its homebased brand) from any liability regarding the registration / transfer and maintenance of the domain, web space and data contained therein. You will be the one to report to Baralba (and its homebased brand) the expiry date of the domain itself at least 45 days in advance. – With the transfer of the domain, you are aware that you will have to report to BaralbaSA (and its homebased brand) the email addresses you want to create to combine with the domain itself and that the previous emails will be deleted with the consequent loss of messages received if not yet saved on your computer.
  • Any tax or financial burden deriving from the advertising generated by the Digital Signage Vetrina services is totally and unequivocally the sole responsibility of the customer, henceforth relieving Baralba SA (homebased) from any resulting liability.

Various

  • The basic documents included on the site and in the Digital Signage, assignments, privacy forms, contracts, are at your disposal and are purely indicative and may not comply with current laws.
  • In case of implementation of websites with import of XML files from third-party management systems, you are aware that in case of non-renewal of the connected management system, it will no longer be possible to receive the inserted advertisements. The xml flows for the implementation of websites can be managed from one to seven times a week at the discretion of BaralbaSA (through its homebased brand) and production can be suspended / modified at any time. Imports from third-party management systems always require careful evaluation and Baralba SA (through its Homebased brand) is not able to guarantee any type of result. Furthermore, since the import of .it..Immediately indemnifying Baralba SA (through its Homebased brand) for any data: missing, incorrect, duplicated, unpublishable and not compliant with current laws. Which however can be modified by the user himself at any time by logging in with his own Editor credentials to the website. Control which must be extended to Digital Signage Vetrina services if enabled, even in the case of sites without XML import.

 

Changes to the Service

BaralbaSA (through its homebased) reserves the right to modify the functionality of the services provided, at any time or from time to time and without notice. Without limiting anything above, we may post on our website and/or send you via email to your email account a notice of such changes to the Service.

Limitations of use

You agree to use the Service only for permitted purposes, as permitted by the TOS and any applicable laws, regulations or generally accepted customs of the applicable jurisdiction. In case of harmful use of your account Baralba SA(homebased) reserves the right to temporarily disable access. Repeated infringements may lead to cancellation of your account.

Service Availability

The Service, or any features or portions thereof, may not be available in all languages or in all countries and BaralbaSA (through its Homebased brand) makes no warranty as to the suitability or availability of the Service, or any features or part thereof, for use in specific locations. To the extent you choose to access and use the Service, you do so on your own initiative and are responsible for your use of it in accordance with applicable laws, including, but not limited to, any applicable local laws.

You acknowledge and accept that Baralba SA(homebased) will not be in any way responsible for the unavailability of total or partial access to the services caused by a total or partial interruption of the Internet access services provided to the user by third parties or for serious malfunctions of the SERVERS where the services themselves are installed.

BaralbaSA (through its homebased brand) may suspend the services at any time partially or totally to carry out hardware or software updates and/or improvements, without any prior notice.

5.Contents and behavior

Contents

“Content” means any information that may be generated or found through the use of the Service, such as data documents, written text, software, music, graphics, photographs, images, audio, video, messages, and any other materials. You understand that all Content, whether posted or privately transmitted through the Service, is the sole responsibility of the person who originated it. This means that you, and not Baralba Sa(homebased), are solely responsible for the Content that you upload, download, post, email, transmit, store or otherwise make available through use of the Service. You acknowledge that use of the Service may result in the display of Content that you find offensive, indecent or objectionable, and that you may expose others to Content that they may find objectionable. Baralba SA(homebased) does not control the Content published through the Service and does not guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and Content is at your sole risk.

Your behavior

You agree NOT to use the Services (websites, Facebook Fanpages, Social and Digital Signage accounts for:

  • Upload, download, post, email, transmit, store or otherwise make available Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hostile , ethically or racially offensive, or otherwise objectionable.
  • Stalk, harass, threaten, or harm another person.
  • If you are an adult, request personal or other information from a minor (i.e., anyone under the age of 18 or defined as a minor under local law) who you do not know personally, including, but not limited to, the following information : full name or surname, address, postal code, telephone number, photo, name of the child’s school, church, team or friends.
  • Infringe copyright or intellectual property rights, or reveal trade secrets and confidential information in violation of a confidentiality, employment, or nondisclosure agreement.
  • Post, send, transmit, or otherwise make available any unsolicited or unauthorized email, advertising, promotional materials, junk mail, spam, or chain emails, including, but not limited to, mass advertising and informational advertisements .
  • Post, post, transmit or otherwise make available any material that contains viruses or other computer code, documents or programs designed to damage, interfere with or limit the normal working of the Service (or any part thereof), or any other software or hardware.
  • Plan or carry out illegal activities;
  • Collect and store personal information about other users of the Service for use in any of the prohibited activities above.
  • You understand and agree that Baralba SA(homebased) is not responsible for Content provided by others and has no duty to preview such Content. However, Baralba SA(homebased) reserves the right to determine at any time the adequacy of the Contents and whether they satisfy these CDS; may also preview, move, refuse, modify and/or remove the Contents at any time, without notice and at its sole discretion, if it believes that such Contents violate these TOS or are otherwise objectionable.
  • send emails through services created for the management of requests for advertising, greetings, generally mass mailings.

Content backup

You are responsible for backing up, to your computer or other device, any important documents or images you post or other Content you store or access through the Service. Baralba SA(homebased) does not guarantee that the Content you store or access through the Service will not be subject to inadvertent damage, corruption or loss.

Access to Your Account and Content

You acknowledge and agree that Baralba Sa (through its homebased brand) may access, use, store and/or disclose information relating to your account and the Content, if legally obliged to do so or if it has reasonable grounds to believe that such access, use , disclosure or storage is necessary to: (a) comply with legal requests or processes; (b) enforce this TOS, including investigating potential infringements thereof; (c) detect, prevent, or otherwise address fraud, security, or technical issues; or (d) protect the rights, property or safety of Baralba SA(homebased), its users or the public as required by or in accordance with law.

6.Payment

Rates

You agree to pay all fees and charges indicated when signing up for the Service or any portion thereof. The rates are those specified on the service supply offer”. If you decide to pay the total amount mentioned in a maximum of two installments, payments will take place at the following deadlines: 1/3 on the date of signature, 1/3 on presentation of the work and 1/3 on publication or delivery (and in any case no later than 60 days in case of non-publication for any reason).

BaralbaSA (through its homebased brand) may suspend access to the services provided even in the event of non-payment, after 15 (fifteen) days from the date of issue of the invoice (sms and email packages, websites, landing pages, engine campaigns search, Facebook applications, applications in general, Digital signage etc…). By accepting this contract you are aware that failure to pay for these services authorizes BaralbaSA (through the Homebased brand) to block all services provided by Baralba SA (homebased) to your company even if regularly and fully paid. Baralba SA (homebased) will send payment reminders via email, text message, ordinary mail and/or messages to the user holding the contract (private or company)

Payment method

BaralbaSA (through its homebased brand) will receive the sum agreed upon signing the “service supply contract” with the means specified on the commercial invoice delivered and within the times indicated on the same.

Automatic renewal of hosting and additional services

When you sign up for hosting (mandatory to take advantage of the full functionality) and additional services, the annual subscription will be configured for automatic renewal after expiry. To suspend this renewal it is necessary to send a registered letter with return receipt to Baralba SA Via al Mulino 22 6814 Cadempino Switzerland.

Cancellations and refunds

All fees and charges you pay for the Service are non-refundable, except as otherwise set forth herein.

Price changes

BaralbaSA (through its homebased brand) may, at any time and with prior notice in accordance with applicable legislation, change the price of the Service or parts thereof, or establish new supplements or tariffs. Price changes and the introduction of new surcharges during your period of use will apply to subsequent periods and to all new subscriptions made after the effective date of the change. If you do not agree to any such price change, you must stop using the Service. Your continued use of the Service after the effective date of such changes constitutes your tacit acceptance of such changes.

7.Brand information

Baralba SA, the Homebased logo, and other Baralba SA trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of Baralba SA. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no rights or licenses in any such trademarks, and you agree not to remove, conceal or alter any proprietary notices (including trademark and copyright notices) that may appear on or contained in the Service.

8.Software

Proprietary rights of Baralba SA(homebased)

You acknowledge and agree that Baralba SA(homebased) and/or its licensors own all legal right, title and interest in and to the Service and any software provided to you as part of and/or in connection with the Service, including any and all intellectual property rights present therein, whether registered or not and anywhere in the world. You also acknowledge that the Service contains proprietary and confidential information that is protected by intellectual property and other laws.

9. Termination

Termination by you

You may stop using the Service at any time. Contact homebased support by sending an email to info@homebased.it Any fees paid by you prior to termination are non-refundable (except as expressly otherwise set forth in these TOS), including fees paid prior to the period during which you discontinue use of the Service. Cancellation of the service will not relieve you of any obligation regarding the payment of accumulated fees or supplements. After 15 days from the termination, all data entered will be permanently deleted without the possibility of recovery.

Termination by BaralbaSA (through its homebased brand)

Baralba SA(homebased) may, at any time, under certain circumstances and without prior notice, immediately terminate or suspend parts or all of your access to the Service. The reasons that may lead to such interruption may include, but are not limited to: (a) breaches of the TOS or any other policies or guidelines referenced herein and/or posted on the Service; (b) a request from you to cancel or terminate the service (c) discontinuance or material modification of the Service or any part thereof; (d) a request and/or order from a law enforcement, court or other government authority; (e) if providing the Service to you is or may become unlawful; (f) unexpected technical or security problems or issues; (g) your participation in illegal or fraudulent activities; or (h) failure to pay fees owed by You for the Service. Such terminations or interruptions will be decided by Baralba SA (homebased) at its sole discretion, without any refund of the fees or amounts paid by you; Baralba SA(homebased) will not be liable to you or to third parties for any damage that may originate or arise as a consequence of the termination or interruption of your account and/or your access to the Service.

10. Third party links and materials

Links

Some Content, components or features of the Service may include third-party materials and/or hyperlinks to other websites, resources or Content. Since such sites and/or materials may not be controlled by Baralba SA(homebased), you acknowledge and accept that Baralba SA(homebased) is not liable for any liability relating to the availability of such sites or resources and does not endorse or guarantee their accuracy. and will not at any time be held responsible for any Content, advertising, products or materials on or available through such sites or resources. You also acknowledge and accept that Baralba SA(homebased) will not be held liable in any way for damages that you may incur or claim to have incurred, either directly or indirectly, as a result of your use of and/or reliance on the Contents, advertising, to products or materials on or available through such sites or resources.

11.Exclusion of other guarantees

Baralba Sa(homebased) AND ITS AFFILIATED AND CONTROLLED COMPANIES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO , THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Baralba Sa(homebased) AND ITS AFFILIATED AND CONTROLLED COMPANIES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO , THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, Baralba SA(homebased) AND ITS AFFILIATED AND CONTROLLED COMPANIES, ITS DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE, AND ERROR-FREE; (III) THE INFORMATION OBTAINED BY YOU THROUGH THE SERVICE IS ACCURATE OR RELIABLE; IS THAT (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS A PART OF THE SERVICE WILL BE CORRECTED.

NO NOTIFICATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Baralba SA(homebased) OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH IN THE TOS.

12.Limitation of Liability

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THOSE SET FORTH BELOW MAY NOT APPLY TO YOU.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Baralba SA(homebased) AND ITS AFFILIATED AND CONTROLLED COMPANIES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING , WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REPUTATION, USE, DATA, COST OF PROCUREMENT OR REPLACEMENT OF GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF Baralba SA homebased HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) ANY MODIFICATIONS MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT TERMINATION OF THE SERVICE OR ANY PART THEREOF; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, FAILURE TO STORE AND/OR SEND OR RECEIVE TRANSMISSIONS OR DATA IN OR OBTAINED THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY REGARDING THE SERVICE; (VI) ANY OTHER MATTER RELATING TO THE SERVICE.

13. Compensation

You agree to defend, indemnify and hold harmless Baralba SA (homebased brand), its affiliated and controlled companies, its officers, officers, employees, agents, partners and licensors from any claim or complaint, including reasonable legal fees, made by third parties in relation to or resulting from: (a) Content you submit, post, transmit or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of these TOS; or (d) una Vostra violazione dei diritti di altri.a(d) your violation of the rights of others. This obligation does not end with the termination or expiration of these TOS and/or your use of the Service.

You acknowledge that you are responsible for any use you make of the Service through your account.

14.Notifications

BaralbaSA (through its homebased brand) may send you notifications regarding the Service, including changes to these TOS, via email to your email address (and/or alternative address provided if applicable), via regular mail or via notices posted on our site and/or disseminated through the Service.

15.General

These TOS constitute the entire agreement between Baralba SA(homebased) and you, regulate your use of the Service and replace in full any previous agreement stipulated between Baralba SA(homebased) and you relating to the use of the Service. Potreste essere altresì soggetti a termini e condizioni aggiuntive che potrebbero riguardare l’uso di servizi affiliati e contenuti o software di terze parti.aYou may also be subject to additional terms and conditions that may apply to your use of affiliate services and third-party content or software. If any part of this TOS is found to be invalid or unenforceable, it shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties; the remaining portions will remain in full force. Baralba SA(homebased)’s failure to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly set forth in this TOS.

These CDS also relate to services already offered or creations already carried out (see for example websites previously purchased by you) or annual usage contracts already renewed or in the process of being renewed.