Jamio lowcode nocode cloud platform
TRY JAMIO

General conditions for the provision of services

General conditions for the provision of Jamio openwork services

1. General information

 

This agreement (hereinafter referred to as the Agreement) is entered into between Openwork srl, with registered office in Bari, Italy, at Via M. Partipilo 38, VAT number 05252520720, (hereinafter referred to as Openwork) and the legal entity, public or private entity, or association identified as the customer in the Activation Request (hereinafter referred to as the Customer for brevity), jointly referred to as the Parties.
The Agreement consists of these general terms and conditions of supply (hereinafter referred to as the Conditions for brevity, published at https://www.jamio.com/condizioni-generali-fornitura-servizi ), and the other documents listed below (hereinafter referred to as the Attachments for brevity), all of which form an integral and substantial part thereof for all legal purposes, where applicable:

1. Glossary of Jamio openwork terms
2. Activation request
3. Additional activation requests
4. Deactivation request
5. Openwork Privacy Policy
6. Openwork Intellectual Property Policy
7. Jamio openwork service usage policy
8. Protection policy
9. Retention policy
10. List of Jamio Plugs
11. General conditions for the provision of Jamio openwork services pursuant to the GDPR
12. Specific conditions for the provision of the Jamio openwork Dedicated Web Access Service
13. Specific conditions for the provision of the Jamio Openwork Business Console Service
14. Specific conditions for the provision of Jamio Plugs
15. Specific conditions for the provision of the Openwork Help Desk Service
16. Specific conditions for the provision of the Data Export Service
17. Specific conditions for the provision of the PEC Manager Service
18. Specific conditions for the provision of the Mail Manager Service
19. Jamio On Stage Mobile license and subscription form

 

2. Definitions

Where mentioned, the terms listed below shall, for the purposes of the Contract , have the meanings indicated in the Jamio openwork Glossary .

3. Object of the contract

The Agreement regulates access to and use of the Services with the specific characteristics, costs and any special conditions specified in the Activation Request.

4. Completion of the Contract

The Agreement regulates access to and use of the Services with the specific characteristics, costs and any special conditions specified in the Activation Request.

Sending a validly signed Activation Request to Openwork, directly or through a Reseller, with full acceptance of the Terms, the Openwork Privacy Policy, the Openwork Intellectual Property Policy, and any specific supply conditions, constitutes a contractual proposal pursuant to Art. 1326 of the Italian Civil Code. Openwork is free to accept or reject the request. The request is deemed accepted upon activation of the Services for the Customer, followed by notification to the Contact Person and the designated Reseller, as identified on the Activation Request, of the Contact Person's Service Access Credentials and User ID. If the User ID indicated in the Activation Request is unavailable because it has already been used or is otherwise unusable, Openwork will assign one as similar as possible to the one indicated in the Activation Request. By sending the Activation Request, the Customer acknowledges and accepts that he is entering into a contract whose only valid and effective version is the one in Italian, while any other versions provided by Openwork in any other foreign language are made available to him exclusively as a courtesy.

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.

In any case, it is understood that the use of the Services by Users certifies acceptance of all the contractual conditions and they are considered valid for the entire duration of the Contract.

5. Effective date and term

The Contract begins on the date of activation of the Services to the Customer, in accordance with the provisions of Article 4.1, and is valid and effective for one year, unless otherwise specified in the Activation Request and as provided in Article 20. If the Requested Activation Date is indicated in the Activation Request, the services will be activated no earlier than that date.

6. Features of the Services

The Agreement regulates access to and use of the Services with the specific characteristics, costs and any special conditions specified in the Activation Request.

Users may access and use the Services under the Agreement from the date of activation of the Services.

Openwork guarantees the Customer the provision and use of the Services  24/7/365 , subject to the interruption/suspension scenarios provided for in the Conditions , and undertakes to ensure their optimal functionality and maximum accessibility via the Internet with a monthly uptime of 99.8%. The suspensions referred to in Articles 8.2 and 8.3 are not counted in calculating uptime. The Services will be provided until the expiration or termination of the Contract in the manner established in the subsequent Articles 20 and 21. Further service levels are defined by the type of Workspace as reported in the Activation Request.

The virtual infrastructure used to provide the Services guarantees:

  • – ISO 27001:2013, ISO 27018:2014, ISO 27017:2015 certified suppliers;
  • – encryption of server-client communications via SSL;
  • – uptime of no less than 99.99% on an annual basis;
  • – data centers located in European Union countries;

Number of users able to access Jamio openwork PaaS simultaneously. Access is only possible if the number of open concurrent sessions is less than or equal to the number of purchased concurrent sessions.

Openwork will use, as a minimum requirement, industry-standard technical and organizational security measures to transfer, store, and process the Data. These measures are designed to protect the integrity of the Data and protect against unauthorized and unlawful access, use, and processing of the Data. The Customer consents to Openwork transferring, storing, and processing the Data to locations outside the Customer's country, unless otherwise specified in the Activation Request.

To ensure the continuity and efficiency of its Services , Openwork adopts automatic efficiency mechanisms described in the Protection Policy and Retention Policy . The Customer declares to be aware of these mechanisms and consents to their application.

Openwork performs a comprehensive daily backup of all Users' archived data for disaster recovery purposes. Openwork does not perform any specific backups of archived data; therefore, in order to independently restore it, the Customer must perform a local backup using a specific Data Export service.

Openwork monitors its systems using specific software and automated procedures that use an identity called Automation to detect and resolve any faults or anomalies.

Openwork will be free to use external professionals or subcontractors to provide the Services, without prejudice to its responsibility to the Customer within the limits set by the Conditions.

7. Disruptions

The Agreement regulates access to and use of the Services with the specific characteristics, costs and any special conditions specified in the Activation Request.

Complete inaccessibility to the Services via the Internet for a total period of time exceeding the uptime limit set forth in Article 6.2 constitutes a service disruption, for which Openwork will compensate you with a credit equal to 3% of the monthly fees for the Services active on the date the disruption is reported. The fee is calculated on a monthly basis for each full fifteen-minute portion of service disruption exceeding the uptime limit, up to a maximum of 300 minutes. The credit will be awarded to the Reseller, if the Customer has designated a Reseller, or to the Customer.

The inability to use a specific Service, the fee for which is calculated on a monthly basis, for a total time exceeding the uptime limit as indicated in Article 6.2, constitutes a service disruption. Openwork will compensate you with a credit equal to 3% of the monthly fee for the unusable Service, for each full fifteen-minute portion of service disruption exceeding the uptime limit, up to a maximum of 300 minutes. The credit will be awarded to the Reseller, if the Customer has designated a Reseller, or to the Customer.

To obtain the Credit, the Customer must submit a request to the designated Reseller within 10 (ten) days of the end of the service disruption. However, only service disruptions confirmed by the Openwork monitoring system will be considered for the purposes of credit recognition. The Credit may only be used as a deduction from amounts due for new Activation Requests or Additional Activation Requests.